Enforcement of foreign judgments refers to the enforcement or opposing the enforcement of foreign judgments in Ontario. These are judgments that have been obtained in another jurisdiction by the client.
Where a real connection between the foreign jurisdiction and the subject matter of the case has been established, the Ontario courts will usually allow the foreign judgment to be enforced in Ontario. Factors determining whether there is a real connection are set out in a number of Ontario cases such as Beals v. Saldhanha. Ontario courts will only automatically recognize and enforce a judgment from those jurisdictions with which, it has signed a mutual enforcement agreement. Otherwise to enforce a foreign judgment you must sue the defendant again in Ontario based on the foreign judgment.
In a few instances, the foreign judgment may not be recognized and enforced against a Canadian Defendant. These instances include: fraud and lack of justice in the foreign jurisdiction and many more and have been recently set out in the Supreme Court decision in the Chevron matter. Usually, Canadian courts do a thorough analysis to confirm if Canadian public policy is adhered to or violated. In cases where these are found to be violated, foreign judgments cannot be enforced.
Nanda & Associate Lawyers has a competent team of lawyers who are well-versed in cross-border litigation. They understand the process and defences needed to receive and reply to court orders for recognizing a foreign judgment.
There are a few Canadian laws in Ontario, applicable in this scenario:
- Convention on Judicial and Extra-Judicial Documents in Civil or Commercial Matters, 1965, CTS
- Personal Information and Protection Act
- Electronic Documents Act
- and the Business Records Protection Act.
With multiple laws being applicable for enforcement of foreign judgments, it is essential to have a skilled and knowledgeable team of lawyers by your side. Different steps in enforcing the foreign judgment include:
- Drafting conformity of the judgment or letter rogatory to ensure compliance with Canadian judicial standards;
- Applying to the Canadian courts to enforce the foreign jurisdiction; and
- Managing collection of the foreign judgment
With an extensive set of professional lawyers across Canada, an outstanding judgment requires asset and judgment searches and investigative reports can be obtained for Canadian residents and companies.
Once the Canadian court approved the foreign judgement, we are skilled in following up on all the enforcement procedures like:
- Filing writs
- Debtor examinations
- Contempt motions
- Wage enrichment process
With extensive experience in representing both individuals and companies, the legal team at Nanda & Associate Lawyers focuses on getting the best possible outcomes for you.