Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40214
Amber Laurel Baptiste, et al. v. Michael L. Goguen
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-02-20 | Close file on Leave | |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C69579, 2022 ONCA 284, dated April 8, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2022-12-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-08-15 | Certificate (on limitations to public access) | Michael L. Goguen |
| 2022-08-15 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-08-29, (Printed version filed on 2022-08-15) | Michael L. Goguen |
| 2022-06-16 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-06-16 | |
| 2022-06-07 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-06-14) | Amber Laurel Baptiste |
| 2022-06-07 | Notice of name, (Letter Form), (Printed version filed on 2022-06-08) | Every Girl Counts LLC |
| 2022-06-07 | Application for leave to appeal, (Book Form), Completed on: 2022-06-07, (Printed version filed on 2022-06-08) | Amber Laurel Baptiste |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Baptiste, Amber Laurel | Applicant | Active |
| Every Girl Counts LLC | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Goguen, Michael L. | Respondent | Active |
Counsel
Party: Baptiste, Amber Laurel
Counsel
Nancy J. Tourgis
375 University Avenue
Suite 701
Toronto, Ontario
M5G 2J5
Telephone: (416) 863-9955
FAX: (855) 696-5441
Email: sz@bondlaw.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Every Girl Counts LLC
Counsel
Nancy J. Tourgis
375 University Avenue
Suite 701
Toronto, Ontario
M5G 2J5
Telephone: (416) 863-9955
FAX: (855) 696-5441
Email: sz@bondlaw.net
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Goguen, Michael L.
Counsel
Sahar Talebi
130 Adelaide Street West
Suite 2600
Toronto, Ontario
M5H 3P5
Telephone: (416) 865-9500
FAX: (416) 865-9010
Email: mjilesen@litigate.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Courts — Jurisdiction — Foreign order — Enforcement — Ontario Superior Court of Justice enforcing American judgment — Assets seized pursuant to order deposited in Alberta branch of national bank — Head office of bank in Ontario — Defendant in Ontario — Alberta has detailed statutory scheme for enforcement of foreign judgments — Whether provincial superior courts have jurisdiction to recognize and enforce foreign judgment when assets are in another province.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In August 2020, Mr. Goguen asked the Ontario courts to recognize and enforce California judgments entered against Ms. Baptiste and Every Girl Counts for more than US$14 million. The evidence was that they had assets in Ontario, and there was no suggestion that they had assets elsewhere. In September 2020, Mr. Goguen obtained a Mareva injunction freezing their assets in Ontario, and, in November 2020, they were noted in default. Upon discovering that their only Canadian assets were held in a bank account in Alberta, Mr. Goguen obtained an order to extend the Mareva injunction to include that account.
Mr. Goguen’s application for summary judgment was granted and the chambers judge made orders allowing him to seize the money in the Alberta bank account. The Court of Appeal dismissed the appeal filed by Ms. Baptiste and Every Girl Counts.
Lower court rulings
Ontario Superior Court of Justice
CV-20-00646435-00CL
Summary judgment granted; Mr. Goguen permitted to enforce foreign judgments and seize money located in Alberta; Mareva injunctions varied to allow bank to pay funds in subject accounts to Mr. Goguen
Court of Appeal for Ontario
2022 ONCA 284, C69579
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available