Recently we’ve had numerous inquiries from businesses outside of Ontario asking where they should start their litigation. Some of these businesses are considering suing where they are located and then enforcing their Judgment in Ontario using our Reciprocal Enforcement legislation.
While it is easier for those outside of Ontario to first obtain Judgment in their local jurisdiction, it may ultimately be more complicated if the defendant did not respond in the law suit brought in the other jurisdiction.
In that case, the plaintiff could end up re-litigating the case in Ontario, which is doubling the cost of litigation.
Generally, we recommend that you start your law suit where the debtor has assets. This ensures that once you do have your Judgment, you don’t have to incur additional legal fees to have your Judgment recognized before you enforce it.
There is not one simple answer to the question though, so ensure you obtain legal advice before you decide where you are going to sue.
Inga B. Andriessen JD