29 April 2011

Supreme Court Releases Decision on Foreign Divorces, Foreign Agreements and Effect of Foreign Law

The Supreme Court of British Columbia has just released its judgment in Sangi v. Sangi, a complex but important case which surveys the rules about when the courts of this province will recognize foreign divorces, how the court should evaluate the fairness of separation agreements negotiated under the laws of another country, and how the court should interpret and/or apply the laws of another country, along with a host of other matters such as:
  • determining the credibility of a witness
  • the drawing of adverse inferences following a party's failure present a witness to give evidence on an issue
  • defending against a foreign judgment on the basis of fraud occurring in the foreign jurisdiction
  • determining the authenticity of the records of a foreign court
  • measuring whether a foreign agreement is unconscionable or unfair against domestic values and standards
This decision is very well written and provides an eloquent statement of the law in this area, and I would do it a disservice if I tried to summarize it further. Suffice it to say that if you have a legal problem in these areas, this decision is well worth your time to read.