Judgments | Canada | Cross-Border Enforcement Center

With which jurisdictions does this country have reciprocal arrangements for enforcement of judgments?

Canada-UK Convention:

England & Wales, Northern Ireland, Scotland

Bilateral:

Australia*, Austria**, France***, Germany*, United States****

*BC, Alberta, Manitoba and Newfoundland & Labrador only, **British Columbia only, ***Manitoba only, ****BC, Alberta, Manitoba and PEI only, applies only to certain US states

N.B. Canada is a federal state. The provinces have jurisdiction over commercial disputes. Other matters, like maritime law are in the jurisdiction of the federal government. Treaties that relate to commercial matters must be implemented through provincial laws. In Canada, regard must always be had to the subject matter and place where you are seeking enforcement.

Canadian provinces and territories have adopted enforcement treaties in their jurisdictions. The legislation implementing these arrangements supplements but does not override the common law on enforcing foreign judgments.

If there is no reciprocal arrangement, is it still possible to enforce a foreign judgment by means of a writ on the judgment, declaration of enforceability or similar mechanism?

Yes.

What is the approximate time required to register and enforce a foreign judgment if unopposed?

In general, 10-12 months provided that the matter is straightforward and foreign service is not required.

What is the approximate time required to register and enforce a foreign judgment if opposed?

This depends on the complexity of the issues. It could generally vary from 1 to 3 years.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if unopposed?

USD 50,000 - 100,000.

What is the approximate cost of registering and enforcing a foreign judgment (including court fees and other disbursements) if opposed?

Over USD 100,000.

Are there any unusual difficulties in enforcing a foreign judgment?

No, as long as the foreign court had a real and substantial connection to the action or the parties to the proceeding, the foreign judgment is for a definite sum of money (but not a sum payable in respect of taxes, a fine or other penalty), and the judgment is final and conclusive.

Cross-Border Enforcement Center

Canada

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