Alberta SEC Comm'n v. Ryckman

2015 WL 2265473 (2015)

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Alberta SEC Comm'n v. Ryckman

Delaware Superior Court
2015 WL 2265473 (2015)

Facts

Lawrence G. Ryckman (defendant), then a resident of Alberta, Canada, was charged by the Alberta Securities Commission (ASC) (plaintiff), a Canadian government administrative body, for violations of the Alberta Securities Act in a Canadian court. In January 1996, the Canadian court issued a judgment against Ryckman ordering that he pay a fine to the ASC. After Ryckman moved to Arizona in 1997, the ASC moved to domesticate the Canadian judgment in Arizona. An Arizona state court ordered judgment against Ryckman, which was affirmed on appeal based on principles of comity. In July 2013, the ASC filed the Arizona judgment in Delaware under Delaware’s Uniform Enforcement of Foreign Judgments Act (UEFJA). Ryckman moved to vacate, arguing that the Arizona judgment was not valid in Delaware because the Canadian judgment was not valid in Delaware. Delaware’s Uniform Foreign-Country Money Judgment Recognition Act (UFCMJRA) had a 15-year statute of limitations and did not permit the enforcement of penalties or fines. The ASC also served a subpoena duces tecum against Studio One Media, Inc. (Studio One) (defendant), a Delaware corporation of which Ryckman was the president and CEO, seeking a corporate designee for a deposition and production of documents. Studio One moved to quash the subpoena, and the ASC moved to compel.

Rule of Law

Issue

Holding and Reasoning (Johnston, J.)

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