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1) A separation agreement was made between M & F (both Canadian) but living in California.

2) The agreement states that F entirely owns n Properties in Canada.

3) M moves back to Canada, and over 10 years later wants to challenge the separation agreement.

4) The case is circulating the courts now, and M is claiming the separation agreement is one-sided and unfair. M wants some of the properties and has placed a CPL(lein) on F's properties in the meantime.

5) F is forced to constantly travel between Canada & California to deal with this.

How is it possible that the Canadian courts are even considering this? Do they have jurisdiction to over-turn a separation agreement made in California?

M believes that F gave the BC Supreme court jurisdiction by replying to M's motion with a counterclaim. Is this a true, does it really work that way?

Thank you. Please let me know if you require any clarification.

Raven
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1 Answers1

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How is it possible that the Canadian courts are even considering this?

Because they were asked to.

Do they have jurisdiction ...

Maybe. One of the powers a court has is to decide if they have jurisdiction. The case involves Canadians and Canadian real estate - they need to at least consider if they have jurisdiction. They can decide wrongly but that’s what appeals are for.

F should be providing them with evidence that they don’t have jurisdiction on the basis of Res Judicata but they will ultimately make up their own mind.

to over-turn a separation agreement made in California?

Of course not - Canadian courts cannot tell a Californian courts what to do.

And vice-versa. Which means they certainly have the power to refuse to enforce its effects in Canada. If F wants to rely on the Californian judgement in Canada then the Canadian court has to allow this.

Dale M
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