Arslan v Yapi ve Kredi Bankasi Anonim Sirketi
Huseyin Arslan
Law Firm / Organization
MLT Aikins LLP
Yapi ve Kredi Bankasi Anonim Sirketi
Law Firm / Organization
McDougall Gauley LLP

Background:
Huseyin Arslan, a guarantor for loans totaling ?120,000,000 provided by Yapi ve Kredi Bankasi Anonim Sirketi (YKBank) to a Turkish company, appealed a Saskatchewan court's enforcement of a Turkish judgment against him. He argued the judgment violated procedural fairness under The Enforcement of Foreign Judgments Act (EFJA), claiming exorbitant appeal filing fees in Turkey denied him access to justice.

Legal Issues and Arguments:

  1. Procedural Fairness and Natural Justice: Arslan contended the Turkish judgment violated EFJA section 4(f) by denying him the opportunity to appeal due to high filing fees (approximately CA$1,027,138).
  2. Judgment Finality: Arslan argued the Turkish judgment was not final, referencing further procedural steps under Turkish law.
  3. Comparison of Filing Fees to Canadian Law: The Chambers judge compared Turkish appeal filing fees to Canadian practices, finding no breach of natural justice.
  4. Solvency: Arslan disputed findings about his solvency, though he provided no supporting evidence.

Court Decision:
The Saskatchewan Court of Appeal upheld the Chambers judge's decision, ruling the Turkish proceedings satisfied procedural fairness standards. Expert evidence confirmed the judgment was final and enforceable. Arslan's defense under EFJA failed as he did not prove unfairness in the Turkish legal system.

Disposition:
The appeal was dismissed, and costs of CA$3,000 were awarded to YKBank.

Court of Appeal for Saskatchewan
CACV4216
Civil litigation
$ 3,000
Respondent