Search History, Ep. 1: Can They Even Sue Me? (1:38 film)
An animated INTERCOL film told through a Toronto debtor’s late-night searches: can a Spanish supplier really sue him in Canada, will an Ontario court enforce it, and how long do they have?
Chapters
- The voice search
- Can they sue me in Canada?
- Will a court enforce it?
- If I ignore it…
- How long do they have?
- The letter
- The wire
- Clear history
Transcript
Toronto, 23:12. Dylan Brooks, of Brooks & Maple Interiors, owes a Spanish tile maker forty-six thousand two hundred euros. He picks up his phone. Dylan, by voice search: "Hey... can a company in Spain actually sue me?" He types: "can a company in spain sue me in canada". Autocomplete suggests: "if I'm really far away", "if I don't speak Spanish", and "asking for a friend who owes €46,200". The answer: yes. A supplier abroad can sue you in Ontario, or sue in its own country and then ask an Ontario court to enforce that judgment. Creditor tip one: distance isn't a defence. He types: "will a canadian court enforce a spanish judgment". Autocomplete: "if I hide under my desk". The answer: often, yes. Ontario courts recognise a foreign money judgment if the foreign court had a real and substantial connection to the dispute, and the case is not re-heard. Creditor tip two: a judgment can travel. He types: "if I ignore the spanish court case does it go away". Autocomplete: "like my gym membership". The answer: no. A default judgment can still be enforced, and the defences are narrow: fraud, natural justice and public policy. Creditor tip three: silence doesn't help him. He types: "how long do they have to enforce it in ontario". The answer: two years from when the foreign judgment becomes final, and courts expect creditors to act with due diligence. He starts typing "so if I just wait two years", and autocomplete finishes it: "they'll probably still find you". Creditor tip four: creditors, move fast. The next morning, an email arrives from INTERCOL, on behalf of Cerámicas Valmar: invoice 2207, forty-six thousand two hundred euros, a hundred and twenty days overdue. Please pay, or contact us, within ten days. He searches: "what is intercol". The answer: international B2B debt recovery. No cure, no pay. Creditor tip five: get someone on the ground. He searches: "fastest way to send €46,200 to spain". Autocomplete: "before lunch", "without anyone seeing these searches". His bank confirms: wire sent to Cerámicas Valmar. Dylan, by voice search: "How do I clear my search history?" The phone asks: clear seven searches? Before he can tap, a message arrives from Cerámicas Valmar: "Thanks Dylan! Next order: 50% upfront." Distance isn't a defence. INTERCOL. International debt recovery. No cure, no pay.