Case information
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41456
Huseyin Arslan v. Yapi ve Kredi Bankasi Anonim Sirketi
(Saskatchewan) (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) |
|---|---|---|
| 2025-04-23 | Close file on Leave | |
| 2025-04-17 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-04-17 | Judgment on leave sent to the parties | |
| 2025-04-17 |
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 Saskatchewan, Number CACV4216, 2024 SKCA 68, dated July 11, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2025-02-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-25 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-10-25) | Yapi ve Kredi Bankasi Anonim Sirketi |
| 2024-10-25 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-10-25, (Printed version filed on 2024-10-25) | Yapi ve Kredi Bankasi Anonim Sirketi |
| 2024-09-26 | Certificate (on limitations to public access), Form 23B, (Printed version filed on 2024-10-01) | Huseyin Arslan |
| 2024-09-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, File opened | |
| 2024-09-26 | Notice of name, (Printed version filed on 2024-10-01) | Huseyin Arslan |
| 2024-09-26 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2024-10-04) | Huseyin Arslan |
| 2024-09-26 |
Application for leave to appeal, (Book Form), Missing: -CA order (draft order rec'd 2024-11-14; estimated date Nov 28, 2024) (rec'd 2024-11-20), Completed on: 2024-11-20, (Printed version filed on 2024-10-01) |
Huseyin Arslan |
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 |
|---|---|---|
| Arslan, Huseyin | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Yapi ve Kredi Bankasi Anonim Sirketi | Respondent | Active |
Counsel
Party: Arslan, Huseyin
Counsel
Kevin Mellor
1874 Scarth Street, Suite 1500
Regina, Saskatchewan
S4P 4E9
Telephone: (306) 347-8404
FAX: (306) 352-5250
Email: dkuski@mltaikins.com
Party: Yapi ve Kredi Bankasi Anonim Sirketi
Counsel
William G. Lane
1500-1881 Scarth Street
Regina, Saskatchewan
S4P 4K9
Telephone: (306) 757-1641
FAX: (306) 359-0785
Email: mmilani@mcdougallgauley.com
Agent
2600-160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8699
FAX: (613) 563-9869
Email: graham.ragan@gowlingwlg.com
Summary
Keywords
Private international law — Foreign judgments — Enforcement — Whether a foreign court’s refusal to hear a case on its merits due to the litigant’s failure to pay an exorbitant filing fee is contrary to Canadian notions of natural justice or fundamental justice — Whether the right of appeal includes consideration of the grounds of appeal on their merits — The Enforcement of Foreign Judgments Act, S.S. 2005, c. E-9.121, s. 4(f)
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.
Respondent Yapi ve Kredi Bankasi Anonim Sirketi (hereafter, “the bank”) is a Turkish commercial bank. The bank made loans to an investment business, and applicant Huseyin Arslan was a guarantor of those loans. When the investment business failed to repay the loans, the bank looked to the guarantors for payment and obtained a judgment against them.
After court proceedings in Turkey had been exhausted, the bank filed an originating application with the Court of King’s Bench of Saskatchewan, seeking to enforce the judgment pursuant to The Enforcement of Foreign Judgments Act, S.S. 2005, c. E-9.121.
The chambers judge granted the bank’s application to register the judgment. The Court of Appeal for Saskatchewan dismissed Mr. Arslan’s appeal.
Lower court rulings
Application to register a foreign judgment granted
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