Baxter Senior Living LLC v. Advanced Commercial Credit International Limited
Baxter Senior Living LLC
Law Firm / Organization
Stewart McKelvey
Lawyer(s)

Manon A.M. Landry

Advanced Commercial Credit International (ACI) Limited
Law Firm / Organization
Burnside Law Group
Lawyer(s)

Derek B Brett

Issue: Baxter seeks to enforce an Alaskan judgment of $71,318.19 USD against the Nova Scotia branch of Advanced Commercial Credit International (ACI), claiming it's connected to a debt owed by the Virginia-based ACI.

Key Facts:

  • Baxter obtained an Alaskan judgment against ACI (Virginia).
  • Baxter later found there are two ACI entities: one in Virginia, involved in the case, and one in Nova Scotia, both controlled by Terry Taylor.
  • The Alaskan court refused to add the Nova Scotia ACI as a co-defendant since it was never served.

Legal Focus:

  • Jurisdiction Challenge: ACI (Nova Scotia) moved to dismiss the enforcement action, arguing no judgment existed against it.

Court Decision:

  • The court found it had jurisdiction under Nova Scotia law, as ACI (Nova Scotia) is a resident.
  • It dismissed ACI's motion, allowing the case to proceed, focusing only on jurisdiction, not the merits.
  • Baxter was awarded costs.

Successful Party:

  • Baxter Senior Living LLC: The court rejected ACI's motion to decline jurisdiction, allowing Baxter's enforcement action to continue.

Monetary Award:

  • Costs: $1,250 awarded to Baxter, payable by ACI (Nova Scotia).
  • Damages: The original Alaskan judgment of $71,318.19 USD remains unresolved regarding enforcement in Nova Scotia.
Supreme Court of Nova Scotia
518252
Corporate & commercial law
$ 1,250
Plaintiff