Background:
W. Charles Niessner, Madelyn K. Niessner, and Keeley Lake Lodge (1989) Ltd. applied to register a foreign judgment from the Superior Court of New Jersey in Saskatchewan. The judgment involved a corporate dispute over shares in Keeley Lake Lodge, which was previously litigated in New Jersey. The respondents were Richard C. Lunemann and Timothy Cimmer.

Legal Issues:

• Jurisdiction: The court assessed whether the New Jersey court had jurisdiction over the dispute. Since Timothy Cimmer voluntarily participated in the U.S. proceedings, including filing counterclaims, the court ruled that jurisdiction was properly established under The Enforcement of Foreign Judgments Act, SS 2005, c E-9.121.

• Fraud & Public Policy: Cimmer alleged that the original judgment was obtained through fraud, arguing that the transaction involving shares was a sham. The court found that these arguments had already been litigated in New Jersey and rejected the fraud claim.

• Declaratory Relief: The judgment contained non-monetary orders, including voiding certain agreements. The court ruled that foreign declaratory relief is enforceable in Saskatchewan if clear and specific.

Decision & Costs:

The court granted the application to register the foreign judgment. Costs were awarded against Timothy Cimmer:

• $8,000 for an improper evidentiary application.

• General costs under Column 3 of the tariff.

• $500 awarded to Cimmer for late filing of a certified judgment copy, offset against his costs liability.