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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101453
Experience:  Lawyer
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I am looking for legal advice regarding a lawsuit filed in

Customer Question

I am looking for legal advice regarding a lawsuit filed in Israel with
my Canadian company in Canada being named as on of the defendants.I am not looking for legal advice on the details of the case. I am
looking for legal advice on the possibility of losing the lawsuit.Assume that the Plaintiff is rewarded $100,000 USD. What options are
there at that time to not pay the $100,000 USD?Can the lawsuit be taken to Canada for a re-trial?What options does the Plaintiff has in going after the $100,000 USD in Canada?
JA: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require). Because laws vary from place to place, can you tell me what state this is in?
Customer: Is this an area of the law that you are familiar with?
JA: Has anything been filed or reported?
Customer: Yes, the lawsuit is on-going, in Israel. My company is in Canada but getting representation in Israel.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need answers from a lawyer that knows international law to answer my question.
Submitted: 1 month ago.
Category: Canada Law
Expert:  Debra replied 1 month ago.

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 1 month ago.

Are you asking about whether the judgment can be enforced against you if you lose?

Customer: replied 1 month ago.
that's the easy part of their question. If the answer is yes as it probably is, what can I do to prevent that from happening?
Expert:  Debra replied 1 month ago.

The easy part is bad news and so is the hard part of this question.

Yes they can enforce the judgment in Canada. They would register with the court here and it would have the same force and effect as if it was obtained here.

And there is nothing you can do to prevent that because our laws are very clear and quite strict. If you transfer property to defeat creditors or a judgment that transfer is considered to be fraudulent. It would be set aside and technically you could be charged though I don't know if that ever happens.

So you best and really only realistic hope here is to be sure you have an excellent lawyer in Israel.

I wish I had better news for you. I am sorry about that.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating even though I was the messenger of bad new but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
Your answer is politically correct. My question is "What options are
there " You did not mention the possibility of an appeal here in Canada or counter lawsuit in Canada. Possibly other things than can be done. If an appeal can be brought forward in a Canadian court, that would be a big deal in at least dragging it on.
I am obviously not satisfied with your really basic answer.
Expert:  Debra replied 1 month ago.

There is no possibility of appealing in Canada. You can only appeal in Israel.

All a court in Canada will do is ensure that the court in Israel had jurisdiction over the case.

My answer is not basic. It's the honest and clear answer given by a senior lawyer. I prefer to give a clear and solid answer when the law is clear.

The law is clear. You need to resort to the courts in Israel. Our legal system can only serve as the basis of an enforcement mechanism. Your only defence to the enforcement action is that the court in Israel didn't have jurisdiction. If that is not the case there is no solution in Canada. None.

If there was surely I would have provided it.

But please reply back again if you want to discuss this further. This is a conversation after all. I am happy to help as long as you would like to continue the discussion.

Customer: replied 1 month ago.
I have further discussed this with a lawyer that specializes in international law and there seems to be options.
I therefore find your answers not worth the money you charge. I will not rate at all so don't worry about a negative review.
Please refund my credit card and cancel my membership at this time.
Thank you
Expert:  Debra replied 1 month ago.

I don't charge anything. The site does. I just won't get paid by the site for the time I've spent on this post. If you feel that is fair it is your choice.

I don't work for the site and have nothing to do with your charges or refunds. I am a senior practicing lawyer in Ontario and just log into the site the way you do.

So you will have to speak to customer service to deal with your refund and cancellation of your membership.

I hope things work out for you.