Kuwait Airways Corporation v. Republic of Iraq and Bombardier Aerospace

Abstract

303State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Burden of establishing whether or not exception applies — Application of State immunity to action for recognition of a foreign judgment — Canada State Immunity Act 1985, Sections 3 and 5 — Commercial activity — State supporting conduct of litigation by State corporation in courts of third States — State held to have been responsible for perjury — Judgment that State should pay costs of litigation — Whether State immune in proceedings for recognition of judgment — The law of Canada