Tuesday, September 1, 2009

Impeachment defence to foreign judgment

The Trial Warrior blog is always worth reading.

Today's post -- see link below -- deals with United States v. Yemec. Here an Ontario Court recognises the possibility of this new impeachment defence to the enforcement of a foreign judgment.

"Audi alteram partem (Latin: hear the other side), is a principle of fundamental justice in most legal systems based upon the rule of law that no person should be judged without a fair hearing where each party is given a meaningful opportunity to be heard and to respond to the evidence in a court of law.  In a decision released today, the Ontario Superior Court of Justice in United States v. Yemec has taken a bold step in recognizing the possibility of this new impeachment defence to the enforcement of a foreign judgment in Canada. The procedural history is long and tortuous, so a brief overview is in order."

http://thetrialwarrior.blogspot.com/2009/09/united-states-v-yemec-ontario-court.html
James Morton
1100-5255 Yonge Street
Toronto, Ontario
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1 comment:

Anonymous said...

James, thank you for the kind mention of my blog. Best, Antonin