12 Sep 2023
Acteon v. Verona Medical Group
- **Enforcement and Stay of Counterclaim**
- The New Jersey-based Plaintiff, Acteon Inc., sought enforcement of a judgment by the Bordeaux Commercial Court against Ontario's Verona Medical Group Inc., also known as Dent-X Canada, and requested a stay on Dent-X's counterclaim.
- The court granted the motion, enforcing the judgment and stayed the execution pending appeal or until January 15, 2024.
- **Background and Financials**
- Under agreements from May and June 2019, Plaintiff invoiced Dent-X US$2,399,540.97 for medical equipment, receiving a partial payment of US$649,959.69.
- Dent-X cited pandemic-related late deliveries as a cause for their inability to install equipment timely, leading to financial losses.
- **Legal Proceedings**
- Plaintiff initiated proceedings in Bordeaux against Dent-X for the unpaid balance of US$1,749,581.01 through a Merits Proceeding on December 1, 2020, and a Summary Proceeding on January 13, 2021.
- In the Summary Proceeding, Bordeaux court awarded Plaintiff US$1,700,000, which was upheld on appeal.
- **Enforcement Decision**
- Despite Dent-X's ongoing appeal in the Merits Proceeding, the court found the Summary Proceeding judgment final and enforceable in Ontario.
- Execution of the judgment was stayed pending the appeal decision or until January 15, 2024.
- **Jurisdiction and Counterclaim**
- The court dismissed Dent-X's jurisdictional challenge, affirming the contractual agreement's selection of French law.
- The court stayed Dent-X's counterclaim to prevent inconsistent outcomes, pending the Merits Proceeding appeal.
- **Costs**
- The Plaintiff was awarded $30,000.00 in costs for the motion.