Dr. Sherri Wise of Toronto was severely injured in a Hamas terrorist bomb attack in Israel in 1997. She has made a claim against Iran for compensation for her injuries under the Justice for Victims of Terrorism Act (JVTA) which was passed by the Canadian parliament in 2012.
However, an American family (Bennett) has already obtained a court judgment for damages for the death of their daughter, in the amount of $13 million, and they have applied under the JVTA to have the judgment recognized in Canada. Their judgment exceeds the amount of Iran’s assets in Canada, so if the American judgment is recognized here, it will leave Dr. Wise with no assets to claim against.
In October 2013 the Ontario Court of Appeal granted intervenor status to Dr. Wise so that she can contest the application to have the U.S. judgment filed in Canada. The Appeal Court ruled that she met the test for intervenor status in that she has a contingent interest in the subject matter of the proceeding and that she may be adversely affected by a judgment recognizing the American judgment. The Bennetts want to file their judgment here because Iran has no assets in the U.S. Dr. Wise argues that their judgment is barred by a lapsed limitation period. It will be interesting to see how courts deal with these competing claims in the future.
[Bennett Estate v. Iran (Islamic Republic of), 2013 ONCA 623 (CanLII)]
Article originally published in LawNow magazine, January/February 2014 issue. For more articles on contemporary issues with a legal perspective, see the LawNow website at https://www.lawnow.org/.