What constitutes fraud on a court in the context of enforcing a foreign judgment?
British Columbia, Canada
The following excerpt is from Lonking (China) Machinery Sales Co. Ltd. v Zhao, 2019 BCSC 1110 (CanLII):
In Cabaniss v. Cabaniss, 2010 BCCA 348, Madam Justice Smith explained that fraud on a court in the context of enforcing a foreign judgment can be extrinsic or intrinsic. Extrinsic fraud is also referred to as jurisdictional fraud and is the "the kind of fraud that misleads the court, foreign or domestic, into believing that it has jurisdiction over the cause of action", citing Beals at para. 45. Intrinsic fraud is deception about the merits of a claim and the existence of a cause of action. Smith, J.A., citing Beals at paras. 52-54, held that the party alleging intrinsic fraud must establish that the allegations are new and material and were not previously discoverable by the exercise of due diligence, including defending the foreign action, prior to obtaining the foreign judgment.
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