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Zoey can a Canadian suing another canadian overseas also file suit in canada

Customer Question

Hi Zoey
can a Canadian suing another canadian overseas for fraud also file suit in canada for the same fraud. The funds originated in canada and were sent to costa rica for costa rican business. The case in costa rica is awaiting trial. There have been no convictions or charges filed by prosecutor in costa rica.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Legal Ease replied 2 years ago.
This question was moved to the Canada law list because Zoe is a US lawyer and you are asking about a Canada law issue.

The Canadian court will not likely allow the new lawsuit to proceed as one has been initiated in Costa Rica.

The Court would need proof that the plaintiff is withdrawing the lawsuit in Costa Rica first.
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Customer: replied 2 years ago.

Thank you.

how would the Canadian being sued overseas know if any legal action has been filed against him in Canada if he is a costa rican resident?

Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Legal Ease replied 2 years ago.
He would have to be served with the claim.
Customer: replied 2 years ago.

Ok

how would service be made if he is a costa rica resident?

Could there be an arrest warrant waiting in canada?

Expert:  Legal Ease replied 2 years ago.
There would not be an arrest warrant because this is a civil matter.
In terms of service, either the plaintiff would have to have someone in Costa Rica serve her personally, or get an order for substitute service and then could serve her by mail or through a family member.
Customer: replied 2 years ago.

The matter is with the criminal courts in Costa Rica.

Could there be a warrant in Canada?

The open matter in costa rica is proceeding in the criminal court through a " querella" meaning the prosecutor did not press charge but the plaintiff can still bring their case to trial without any participation from the prosecutors office. So could the defendant have an arrest warrant issued in canada and if so how would he enquire before entering canada?

Expert:  Legal Ease replied 2 years ago.
It doesn't seem likely that this could be the case but she can have a lawyer in Canada call and find out if there is a warrant.

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