H.M.B. Holdings Ltd. v. Antigua and Barbuda,

JurisdictionFederal Jurisdiction (Canada)
JudgeWagner, Richard; Karakatsanis, Andromache; Côté, Suzanne; Rowe, Malcolm; Kasirer, Nicholas
Neutral Citation2021 SCC 44
Citation2021 SCC 44
Docket Number39130
CourtSupreme Court (Canada)
Date04 November 2021
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6 practice notes
  • 2023 BCSC 662,
    • Canada
    • January 1, 2023
    ...of rule 17.02(p) may be an appropriate connecting factor. [Emphasis added]. 88 Similarly, in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 at para. 41, the Court held that Whether or not a corporation is “carrying on business” is a question of fact, and in order to ......
  • British Columbia v. Pro Doc Limitee,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 25, 2023
    ...connecting factor. [Emphasis added]. [88]       Similarly, in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 at para. 41, the Court held that Whether or not a corporation is “carrying on business” is a question of fact, and in order to d......
  • Financial Services Regulatory Authority Of Ontario Proposes Guidance For Crypto Custodians And Other Trust Corporations
    • Canada
    • Mondaq Canada
    • August 23, 2023
    ...of cases dealing with recognition of foreign judgments, namely Chevron Corp v Yaiguaje, 2015 SCC 42, HMB Holdings Ltd v Antigua & Barbuda, 2021 SCC 44 and Club Resorts Ltd. v. Van Breda [2012] 1 S.C.R. 572, [2012] S.C.J. No. 17, 2012 SCC The Guidance does not reference a line of cases begin......
  • British Columbia v Pro Doc Limitee,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 25, 2023
    ...of rule 17.02(p) may be an appropriate connecting factor. [Emphasis added]. 88 Similarly, in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 at para. 41, the Court held that Whether or not a corporation is “carrying on business” is a question of fact, and in order to ......
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4 cases
  • 2023 BCSC 662,
    • Canada
    • January 1, 2023
    ...of rule 17.02(p) may be an appropriate connecting factor. [Emphasis added]. 88 Similarly, in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 at para. 41, the Court held that Whether or not a corporation is “carrying on business” is a question of fact, and in order to ......
  • British Columbia v. Pro Doc Limitee,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 25, 2023
    ...connecting factor. [Emphasis added]. [88]       Similarly, in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 at para. 41, the Court held that Whether or not a corporation is “carrying on business” is a question of fact, and in order to d......
  • British Columbia v Pro Doc Limitee,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 25, 2023
    ...of rule 17.02(p) may be an appropriate connecting factor. [Emphasis added]. 88 Similarly, in H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44 at para. 41, the Court held that Whether or not a corporation is “carrying on business” is a question of fact, and in order to ......
  • 102125001 Saskatchewan Ltd v Hutchings,
    • Canada
    • Court of King's Bench of Alberta (Canada)
    • November 8, 2023
    ...a physical presence is required and that the broker's presence is insufficient. It pointed to HMB Holdings Ltd v Antigua and Barbuda, 2021 SCC 44, which outlined the common-law test for carrying on business in a jurisdiction: … to determine whether a defendant is carrying on bus......
1 firm's commentaries
  • Enforcement of Foreign Judgments 2023
    • Canada
    • Mondaq Canada
    • May 25, 2023
    ...was not "carrying on business" in British Columbia and thus was offside the legislation (H.M.B. Holdings Ltd. v. Antigua and Barbuda, 2021 SCC 44). A majority of the Supreme Court left open the question of whether the BC Judgment fell within the legislative definition of "judgment" since it......

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