Olympique CMCT Inc. v. Industries Pancor Ltée, 2017 ONSC 1929  (Ont. S.C.J.)

  • RE: a Quebec subcontractor's ability to enforce, in Ontario, a judgment obtained in Quebec against the principal of an Ontario contractor in relation to projects undertaken in and around Montreal 

To enforce a Judgment obtained in Quebec, the holder of that Judgment has to successfully bring an action for recognition and enforcement of the Judgment in Ontario.  In this case, we successfully acted for a Quebec subcontractor ​who had obtained a Judgment on an outstanding debt against the sole officer and director of an Ontario corporation which had, as a contractor, hired it to provide services and materials to it on projects in and around Montreal.  The Judgment had obtained based on Quebec law that allowed the subcontractor to 'pierce the corporate veil' and hold the principal personally liable for contracts.  It was also obtained after the defendant had failed to defend the Quebec action and the Quebec Civil Court had refused to set the Default Judgment.

The defendant argued that it had been denied natural justice in Quebec and that, in any event, the plaintiff did not have Jurisdiction over the individual defendant, who was a resident of Ontario and had not been in Quebec in relation to the Projects.

The Court allowed the Action and declared the Judgment enforceable in Ontario.  It held there was no breach of natural justice, that the defendant had attorned to the jurisdiction of Quebec when he appealed without objecting to Quebec's jurisdiction and that, in attempting to question Quebec's refusal to set aside the Default, he was asking the Court to revisit the underlying merits, which was beyond the Ontario Court's jurisdiction in the circumstances.