Enforcement of Foreign Judgments 2023

• Law Firm: Goodmans LLP
• Subject Matter: Government, Public Sector, International Law, Inward/ Foreign Investment, International Courts & Tribunals
• Author: Mr Peter Kolla, Julie Rosenthal and Sarah Stothart
• Published date: 25 May 2023

1. Country Finder

1.1 Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.

Applicable Law/Statutory Regime	Relevant Jurisdiction(s)	Corresponding Section Below
Canada-United Kingdom Civil and Commercial Judgments Convention Act, RSC 1985, c C-30 (Canada). Reciprocal Enforcement of Judgments (U.K.) Act, RSO 1990, c R.6 (Ontario). Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia). International Conventions Implementation Act, RSA 2000, C 1-6 (Alberta). The Canada-United Kingdom Judgments Enforcement Act, SS 1988-89, c C-0.1 (Saskatchewan). The Canada-United Kingdom Judgments Enforcement Act, CCSM, c J21 (Manitoba). Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act, RSNL 1990, c C-3 (Newfoundland and Labrador). Reciprocal Enforcement of Judgments Act, RSNL 1990, c R-4 (Newfoundland and Labrador). Canada and United Kingdom Reciprocal Recognition and Enforcement of Judgments Act, RSNS 1989, c 52 (Nova Scotia). Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (Canada-United Kingdom) Act, RSNB 2016, c 109 (New Brunswick). Canada-United Kingdom Judgments Recognition Act, RSPEI 1988, c C-1 (Prince Edward Island). Reciprocal Enforcement of Judgments (Canada-U.K.) Act, RSNWT (Nu) 1988, c R-2 (Nunavut). Reciprocal Enforcement of Judgments (Canada-U.K.) Act, RSNWT 1988, c R-2 (Northwest Territories). Reciprocal Enforcement of Judgments (U.K.) Act, RSY 2002, c 190 (Yukon).	United Kingdom.	Section 3.
Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia). Reciprocal Enforcement of Judgments Act, RSA 2000, c R-6 (Alberta). Reciprocal Enforcement of Judgments Act, CCSM, c J20 (Manitoba). Reciprocal Enforcement of Judgments Act, RSNL 1990, c R-4 (Newfoundland and Labrador). Reciprocal Enforcement of Judgments Act, RSY 2002, c 189 (Yukon).	Australia.	Section 3.
The Enforcement of Judgments Conventions Act, CCSM, c E117 (Manitoba).	France.	Section 3.
Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia).	Austria.	Section 3.
Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia).	Germany.	Section 3.
Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia). Reciprocal Enforcement of Judgments Act, RSA 2000, c R-6 (Alberta). Reciprocal Enforcement of Judgments Act, CCSM, c J20 (Manitoba). Reciprocal Enforcement of Judgments Act, RSPEI 1988, c R-6 (Prince Edward Island).	United States (Washington).	Section 3.
Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia). Reciprocal Enforcement of Judgments Act, RSA 2000, c R-6 (Alberta). Reciprocal Enforcement of Judgments Act, CCSM, c J20 (Manitoba).	United States (Idaho).	Section 3.
Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia).	United States (Alaska, California, Colorado, Oregon).	Section 3.
Reciprocal Enforcement of Judgments Act, RSA 2000, c R-6 (Alberta).	United States (Montana, Arizona).	Section 3.
Enforcement of Foreign Judgments Act, SS 2005, c E-9.121 (Saskatchewan). Reciprocal Enforcement of Judgments Act, RSNB 2014, c 127 (New Brunswick). Civil Code of Quebec, CQLR c CCQ-1991, arts 3155-3163 (Quebec).	All foreign jurisdictions (including those specifically listed above).	Section 3.
Reciprocal Enforcement of Judgments Act, RSY 2002, c 189 (Yukon).	All Canadian provinces and territories with the exception of Quebec, New Brunswick, and Prince Edward Island.	Section 3.
Reciprocal Enforcement of Judgments Act, RSNWT (Nu) 1988, c R-1 (Nunavut). Reciprocal Enforcement of Judgments Act, RSNWT 1988, c R-1 (Northwest Territories).	All Canadian provinces and territories with the exception of Quebec and New Brunswick.	Section 3.
Reciprocal Enforcement of Judgments Act, RSO 1990, c R.5 (Ontario). Court Order Enforcement Act, RSBC 1996, c 78 (British Columbia). Reciprocal Enforcement of Judgments Act, RSA 2000, c R-6 (Alberta). Reciprocal Enforcement of Judgments Act, CCSM, c J20 (Manitoba). Reciprocal Enforcement of Judgments Act, RSPEI 1988, c R-6 (Prince Edward Island). Reciprocal Enforcement of Judgments Act, RSNL 1990, c R-4 (Newfoundland and Labrador). Reciprocal Enforcement of Judgments Act, RSNS 1989, c 388 (Nova Scotia). The Enforcement of Canadian Judgments Act, 2002, S.S. 2002, c. E-9.1001 (Saskatchewan).	All Canadian provinces and territories with the exception of Quebec.	Section 3.
Common Law (not superseded by statute).	All Canadian and foreign jurisdictions.	Section 2.

2. General Regime

2.1 Absent any applicable special regime, what is the legal framework under which a foreign judgment would be recognised and enforced in your jurisdiction?

In nine Canadian provinces (i.e., all provinces except for Quebec) and in all three Canadian territories, absent an applicable statutory regime (as listed above in section 1), the enforceability of a foreign judgment is determined by the common law rules governing recognition and enforcement, which are discussed below.

In Quebec, the enforceability of a foreign judgment is governed by the Civil Code of Quebec.

2.2 What constitutes a 'judgment' capable of recognition and enforcement in your jurisdiction?

At common law, a foreign judgment may be recognised if:

• it is a final judgment (although this requirement has been waived in certain limited circumstances);
• it was granted by a court of competent jurisdiction; and
• it is of a nature that the principle of comity requires the Canadian court to enforce. (Pro Swing Inc. v. Elta Golf Inc., 2006 SCC 52 at para. 31.)

If it is a judgment for the payment of money, it must be for a definite sum. (Pro Swing Inc. v. Elta Golf Inc., 2006 SCC 52 at para. 10.)

If it is a non-monetary judgment:

• the order must be clear (i.e., someone unfamiliar with the case must be able to ascertain what is required to comply with the terms of the judgment);
• the obligation imposed by the order must be "complete and defined"; and
• the order must not be penal. (Pro Swing Inc. v. Elta Golf Inc., 2006 SCC 52 at paras 91, 95 and 100.)

2.3 What requirements (in form and substance) must a foreign judgment satisfy in order to be recognised and enforceable in your jurisdiction?

First, the judgment creditor must prove that the foreign court had jurisdiction to issue the judgment in question. The judgment creditor can prove this either by showing that the foreign court had a real and substantial connection with the litigants or with the subject matter of the dispute, or that one of the traditional bases of jurisdiction (e.g., presence in the...