2015 QCCQ 14185, 2015 QCCQ 14185

Canada Mortgage and Housing Corporation c. Pedram 2015 QCCQ 14185 JG2338 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF BEAUHARNOIS LOCALITY OF SALABERRY-DE-VALLEYFIELD Civil Division No: 760-22-009290-142 DATE: October 21, 2015 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE CÉLINE GERVAIS, J.Q.C. ______________________________________________________________________ CANADA MORTGAGE AND HOUSING CORPORATION Plaintiff v.

ALI-REZA PEDRAM Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Canada Mortgage and Housing Corporation (C.M.H.C.) filed on December 22, 2014 a Motion to institute proceedings in recognition and enforcement of a foreign judgment against Mr. Ali-Reza Pedram. [ 2 ] C.M.H.C. asks by this Motion that a judgment rendered in British Columbia on December 18, 2009, condemning Mr. Pedram to reimburse the amount of $ 24 680.14, be recognized in Quebec and declared enforceable.

C.M.H.C. also asks for a condemnation for the same amount of $ 24 680.14, plus interest accrued, as per the statement of account P-5, namely $ 28 186.44. [ 3 ] Mr. Pedram presented his defence orally, on the grounds that his house was given to his ex-wife in the settlement of his divorce in 1997, and that he was not aware of the sale of the house in British Columbia. [ 4 ] The recognition of a foreign decision is ruled by

Section 3158 of the Quebec Civil Code , which reads as follows: 3158. The Québec authority confines itself to verifying whether the decision with respect to which recognition or enforcement is sought meets the requirements prescribed in this Title, without considering the merits of the decision. [ 5 ] This means that Mr. Pedram cannot argue about the merits of the British Columbia judgment, and plead that he should not have been condemned in B.C. [ 6 ] The only grounds of defence available to Mr. Pedram are those specified in

Section 3155 of the Quebec Civil Code , which reads as follows: 3155. A decision rendered outside Québec is recognized and, where applicable, declared enforceable by the Québec authority, except in the following cases: (1) the authority of the State where the decision was rendered had no jurisdiction under the provisions of this Title; (2) the decision, at the place where it was rendered, is subject to an ordinary remedy or is not final or enforceable;

(3) the decision was rendered in contravention of the fundamental principles of procedure; (4) a dispute between the same parties, based on the same facts and having the same object has given rise to a decision rendered in Québec, whether or not it has acquired the authority of a final judgment ( res judicata ), is pending before a Québec authority, in first instance, or has been decided in a third State and the decision meets the conditions necessary for it to be recognized in Québec; (5) the outcome of a foreign decision is manifestly inconsistent with public order as understood in international relations; (6) the decision enforces obligations arising from the taxation laws of a foreign State. [ 7 ] Mr.

Pedram pleaded none of the above-mentioned reasons. He pleaded however that he was not aware of the judgment rendered, nor of the proceedings filed in British Columbia by C.H.M.C. [ 8 ]

Section 3156 of the Quebec Civil Code says that: 3156. A decision rendered by default may not be recognized or declared enforceable unless the plaintiff proves that the act instituting the proceedings was duly served on the defaulting party in accordance with the law of the place where the decision was rendered.

However, the authority may refuse recognition or enforcement if the defaulting party proves that, owing to the circumstances, he was unable to acquaint himself with the act instituting the proceedings or was not given sufficient time to offer his defence. [ 9 ] C.H.M.C. has filed as exhibit P-4 an Affidavit of service by bailiff Claude Beauregard which states the following: - He attempted to serve Mr. Pedram at the address of … Jean-Tournois Street in Montreal on September 2, 2009 at 10:30 a.m.; - He then spoke with Sami Pedram, an adult member of the household, who confirmed that Mr.

Pedram lives at the residence but was not home at that time; - He served Mr. Pedram by leaving a copy of the proceedings with an adult member of the household in a sealed envelope; - He subsequently mailed a copy of the proceedings by regular mail in a sealed envelope addressed to Mr. Pedram at the same address, on the same day; - He believes that this address was the residential address of Mr. Ali-Reza Pedram; [ 10 ] This Affidavit of service complies with Rule 12 of the British Columbia Supreme Court's rules. [1] [ 11 ] Mr.

Pedram recognizes that he was the owner of the house located on Jean-Tournois Street, but says he did not live there at the time of the service, though he testified he checked his mail regularly. [ 12 ] His house was sold on January 12, 2012, and according to his testimony, it was put for sale in 2008 or 2009, at which moment he moved. [ 13 ] A bailiff's return of service is considered an authentic act. It was Mr.

Pedram who assumed the burden of proving that the Affidavit of service was false, and a very solid proof has to be brought to contradict what is written in such a document. [2] [ 14 ] In the opinion of the Court, Mr. Pedram did not succeed in proving that the affidavit of service was false. [ 15 ]

Section 786 of the Code of Civil Procedure prescribes the steps a party seeking recognition or enforcement of a foreign decision has to follow. All the requirements provided for in

Section 786 of the Code of Civil Procedure have been followed by C.H.M.C. [ 16 ] The motion must be granted. FOR THESE MOTIVES, THE COURT: RECOGNIZES in Quebec the default judgment rendered on December 18, 2009, by the Deputy District Registrar Shelley Field of the Supreme Court of British Columbia in the Court file bearing number S-121358, and CONDEMNS defendant to pay to the plaintiff the sum of $ 28 186.44, plus interest at the rate of 3% per year on the principal amount of $ 24 680,14 since October 14, 2015; DECLARES this judgment enforceable in Quebec; THE WHOLE with costs.

__________________________________ CÉLINE GERVAIS, J.Q.C. Mtre Anthony Rodham DENTONS CANADA s.e.n.c.r.l., Plaintiff’s Attorneys Mr. Ali-Reza Pedram Defendant