How to file a lawsuit against a Canadian national from the UK? [closed]

Question

My uncle is a British national. Around 8 years back he helped his distant relative living in Canada who was in a financial difficulty by giving him a loan of approx £30K with an agreement that he will repay the full principal amount along with interest in 2 years' time. The relative has not repaid the loan and has not responded to attempts to contact him.

My uncle would like to formally lodge a complaint and summon him but don't know the legal procedure as the relative is not in the UK and is not a UK national.

I would like to know if it's possible to file a lawsuit, and if so, where will it be filed.

Answer 1

Yes, it’s possible

The court doesn’t care where you live or what your nationality is, just that there is some nexus between your dispute and their jurisdiction.

On the face of it, this could be brought in either country - this is a provincial matter in Canada and a national matter (England/Wales, Scotland, or Northern Ireland) in the UK. The procedural matters don’t change just because one of the parties is in another country - both have rules for serving papers in foreign jurisdictions.

However, he might not be able to sue at all - both Canada and the UK have a 6-year limitation period for commencing legal action on a debt running from the default. It depends on if the 2 years to repay plus the 6 years after he didn’t is more or less than “around 8 years ago”. If it’s more, legal action cannot be commenced except by leave of the court which is only done in exceptional circumstances which I don’t see here.

Your uncle needs legal advice now.