Enforcement of Foreign Judgements
We can help defend your decision.
Intellectual property rights are global in nature. Canadian intellectual property rights may be infringed by companies outside of Canada or intellectual property rights in countries outside of Canada may be infringed by companies within Canada.
Lomic Law has experience in enforcing foreign judgments in Canada. Lomic Law can also assist in the defence of an attempt to enforce a foreign judgment in Canada.
Lomic Law’s litigation lawyers based in Toronto have a strong record of success advocating for their clients before the courts and administrative tribunals. Paul acts as lead counsel for a broad range of matters. Lomic Law’s litigation lawyers appeared before the Ontario Court of Justice, Ontario Superior Court of Justice, Federal Court, Federal Court of Appeal and various tribunals including the Trademarks Opposition Board. Litigation is inherently uncertain and past results are not necessarily indicative of future results which is why the experience of Lomic Law is so important.
When should a foreign judgment be recognized and enforced in Canada?
If your company has obtained a judgement in a court outside of Canada against a defendant that is either a Canadian individual or corporation, or an individual that has assets in Canada, you should consider bringing proceedings to recognize and enforce your foreign judgment in the province where the defendant is located or has assets. Once a foreign judgement is recognized in Canada, it can then be enforced through various measures as if it was a Canadian order.
What is the procedure to enforce a foreign judgment in Canada?
Once a judgment is obtained in a foreign jurisdiction, you may bring proceedings (an action or an application) to recognize and enforce the foreign judgment in the province where the defendant is located and/or has assets. Depending on what province you want to recognize and enforce the judgement, there may be limitation periods that apply. For example, in Ontario, the limitation period is 2 years from the date of the foreign judgement or the date you become aware that the defendant has assets in Ontario.
What are the defences to having a foreign judgment enforced in Canada?
The Supreme Court of Canada in Beals v. Saldhana, 2003 SCC 72, set out 3 main defences: 1. Fraud; 2. Denial of Natural Justice; and 3. Breach of Public Policy. The defendant has the burden to establish on a balance of probabilities that any of the defences to enforcement apply. These defenses are not a closed list, and there are also other defences that a defendant may raise.