Background

• Guy Gissin, as foreign representative of Urbancorp Inc., seeks recognition and enforcement of an Israeli court order from June 23, 2022, and decree from August 12, 2022, against TCC/Urbancorp Bay Stadium L.P., The Webster Trust, and Urbancorp Holdco Inc.
• Case heard by Justice Kimmel in the Ontario Superior Court – Commercial List.

Procedural History

• Originally set for October 17, 2024, the hearing was twice adjourned.
• Respondents sought leave under Rule 39 to introduce an Expert Report on Israeli law on November 26, 2024, after pre-hearing steps were completed.
• Leave motion was denied on January 6, 2025.

Court’s Decision

• Expert Report excluded as it failed the four-part Rule 39 test:
  1. Not relevant—the applicant did not rely on Israeli law.
  2. Did not respond to new cross-examination issues.
  3. Prejudicial—allowing it would be unfair.
  4. Unjustified delay—no reason for late submission.
• The decision does not specify any final monetary award or damages.

Legal Principles Applied

• Foreign law requires expert proof (Grayson Consulting, 2019 ONCA 79).
• Foreign judgments are enforceable unless challenged on narrow grounds (Beals v. Saldanha, 2003 SCC 72).