Strategic Advocacy for Cross Border Claims – Toronto Cross Border Litigation and International Arbitration Lawyers
Recognition of US Judgments in Canada
Enforcement of American Judgments and Orders in Ontario
Domestication of United States Judgments in Canada
The lawyers at Gilbertson Davis LLP have significant experience with enforcing foreign judgments, including US judgments.
Canadian Courts will recognize and enforce a US judgment provided the US Court assumed jurisdiction according to the Canadian test for jurisdiction: the “real and substantial connection” test.
Canadian Courts also apply a limited number of defenses to a claim to recognize a US judgment: natural justice, public policy and fraud.
Limitation periods also apply to US judgments sought to be recognized in Canada. Limitations periods vary according to province. In Ontario, for example, the limitation period commences when the judgment creditor knew or ought to have known that the judgment debtor had exigible assets in Ontario and could be served with process.
It is often productive for US clients or US attorneys who intend to enforce a US judgment in Canada to consult with Canadian counsel before obtaining a US judgment; Canadian counsel can assist in determining whether the Canadian test for jurisdiction will be met. The lawyers at Gilbertson Davis LLP consult with US attorneys regarding the Canadian test for jurisdiction.
It is important for US litigants seeking recognition and enforcement of a US judgment to determine whether a Canadian judgment debtor has assets against which a US judgment can be enforced. The lawyers at Gilbertson Davis LLP have experience in coordinating Canada-wide asset searches and Canada-wide recovery proceedings.
The lawyers at Gilbertson Davis LLP offer same-day, complimentary initial telephone consultations to potential clients seeking to enforce US judgments, including a litigation plan, litigation estimate and preliminary impression regarding the Canadian test for jurisdiction and defenses.