Tag Archives: Canada

Case of the Day: Ledroit Law v. Kim

The case of the day is Ledroit Law v. Kim (Colo. Ct. App. 2015). Snell & Wilmer, an Arizona law firm with offices in Colorado, represented two Ontario companies in a civil case in the District of Colorado. At the same time, Ledroit Law, an Ontario law firm, represented one of the Canadian companies in related proceedings in Canada. Eugene Kim was a first-year associate at Snell & Wilmer at the time.

According to Snell & Wilmer and Kim, their clients instructed Snell & Wilmer to have Ledroit serve subpoenas in Ontario relating to their case in Colorado. But Ledroit sent Snell & Wilmer a bill for $15,000, claiming that Snell & Wilmer had retained Ledroit to provide legal services. Nonsense, said Snell & Wilmer—the two firms’ mutual client had instructed S&W to pass the task of serving the subpoenas on to Ledroit, so the client was liable for the bill.

Ledroit filed an action in the Ontario Superior Court against Snell & Wilmer and Kim. They served process by mail. The Ontario court “issued an assessment” against Snell & Wilmer and Kim in the amount of $15,829.99. Ledroit brought an action in Colorado for recognition and enforcement under the UEFJA.
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Case of the Day: Icon DE Holdings v. Eastside Distributors

The case of the day is Icon DE Holdings LLC v. Eastside Distributors (S.D.N.Y. 2015). Icon sued Eastside and served process in Quebec. The precise manner of service was unclear. Icon claimed it proceeded via the Quebec central authority. But while I see an affidavit of service from the process server I don’t see an Article 6 certificate from the central authority. My assumption is that Icon properly sent a request for service to the central authority but that instead of sending back an Article 6 certificate the central authority sent the affidavit.

In any event, Icon served the documents in English but without a French translation. It obtained a default judgment. Eastside successfully moved to vacate the judgment on grounds of insufficient service of process. The case was again before the court on Icon’s motion for reconsideration.
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Case of the Day: DLJ Mortgage Capital, Inc. v. Roland

The case of the day is DLJ Mortgage Capital, Inc. v. Roland (D.V.I. 2015). DLJ had obtained a summary judgment against Lincoln and Leila Roland. The case apparently involved a foreclosure, and so the court directed the clerk to provide a copy of the judgment to the marshal for service on the Rolands, who lived in Canada.
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