My name is XXXXX XXXXX I'd be happy to answer your questions today.
Before a court can hear a case, it has to have jurisdiction
over the defendant. There are many ways to get jurisdiction - the easiest is if a person lives or works in that state. Then, jurisdiction is pretty much automatic. For non-resident defendants that work elsewhere, it is more complicated. If the defendant lives and works in Alberta, and the suit is based upon faulty work done in Alberta, then the Minnesota Courts likely would not have jurisdiction over that defendant.
The one exception is something called purposeful availment. If he solicited you in Minnesota, by running ads regularly, or if he reached out to you in Minnesota to offer you the service, then you may be able to claim that he purposefully availed himself of the benefits of doing business
in Minnesota and therefore is subject to the court's authority. You should be prepared for the fact that, if that is the case, he will likely either ignore the summons entirely (since he's in Canada) or file a Motion to DIsmiss. You may have to prove that the court has jurisdiction.
Process may be served in Canada by sending a request to the Canadian Federal Central Authority, which forwards the request to the appropriate local office. Two copies of the request and documents must be sent.
This article has additional information:
You may want to talk to a local attorney about helping determine whether the court will have jurisdiction over the person you are suing and see if they can help you serve someone in Canada.
It is unfortunately not true that a U.S. judgment will automatically be recognized in Canada. The full faith and credit clause to the U.S. Constitution only extends to the 50 states. It would be necessary to take the U.S. judgment to Canada and open a new case, asking the Canadian judge to issue an Alberta judgment. Then, you'd be able to begin trying to collect it. If the other party disputes the U.S. court's jurisdiction over him (and he likely will), then the Canadian courts probably will not enforce the judgment. That means that, even if you file the suit in the U.S., you will likely wind up in court in Canada, anyway, if you want to collect a judgment. It may be cheaper to file the case initially in Canada, especially if there are questions about the Minnesota court's jurisdiction.
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