Garcha v. Grewal
Gurpal Singh Garcha
Law Firm / Organization
Fasken Martineau DuMoulin LLP
Gurkeerat Singh Grewal
Law Firm / Organization
Not Specified
Lawyer(s)

A. Soliman

Background: Gurpal Singh Garcha sought enforcement of a judgment from the United States District Court, Northern District of Ohio, against Gurkeerat Singh Grewal. The judgment involved a previously agreed settlement regarding defaulted loans guaranteed by Grewal. The British Columbia Supreme Court had to decide on recognizing and enforcing this foreign judgment.

Legal Issues: The case hinged on whether the Ohio judgment was enforceable in British Columbia. Key issues included the suitability for summary trial, jurisdiction of the Ohio Court, finality of the Ohio judgment, and defenses against enforcement such as fraud, natural justice, and public policy.

Held: The court found that:

  • Grewal had attorned to the jurisdiction of the Ohio Court through participation in the proceedings.
  • The Ohio judgment was final and conclusive.
  • Grewal's defenses of fraud and breach of natural justice were not substantiated. Specifically, the court rejected claims that the judgment was obtained without proper notice or through deception.

Conclusion & Costs: The BC court recognized and enforced the Ohio judgment. Grewal was ordered to pay the Canadian dollar equivalent of $499665.81 (US$370,597.26), plus interest at 12% from the date of the Ohio judgment until the enforcement by the BC court, after which standard post-judgment interest rates applied.

Supreme Court of British Columbia
S235388
Civil litigation
$ 499,666
Plaintiff