Appellant
Respondent
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:
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
Court of Appeal for SaskatchewanCase Number
CACV4216Practice Area
Civil litigationAmount
$ 3,000Winner
RespondentTrial Start Date
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