Ontario Court Affirms “Generous and Liberal Approach” to the Recognition/Enforcement of Foreign Judgments

Josef FinkelCross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Judgments0 Comments

In the recent decision, M1 Florida Developments Inc. v. Ameristar Development Corporation, 2021 ONSC 6883 (CanLII), the Ontario Superior Court of Justice (“OSCJ”) granted the plaintiffs default judgment in Ontario for the registration and enforcement of a judgment that the plaintiffs obtained in the United States of America (the “Foreign Judgment”).

The OSCJ advised that Canadian courts “have adopted a generous and liberal approach to the recognition and enforcement of foreign judgments”.

Further, the OSCJ opined that the purpose of an action for the recognition of a foreign judgment “is to assist in enforcing an already-adjudicated dispute” and is not “to evaluate or re-litigate the underlying claim”.

The OSCJ was satisfied that the foreign court “properly assumed jurisdiction over the dispute” and noted that a Canadian court “will generally recognize and enforce a foreign judgment where the foreign court assumed jurisdiction on the same basis as the domestic court would”.

The OSCJ added that the Foreign Judgment “is a final judgment and there has been no appeal”. Further, the OSCJ found the Foreign Judgment “is not contrary to natural justice or public policy”.

At Gilbertson Davis LLP, our lawyers can assist you, your business, company, partnership or corporation in applying to the court for the recognition and enforcement in Ontario of your judgment obtained in another jurisdiction. Gilbertson Davis LLP lawyers have experience in proceedings involving Recognition and Enforcement of Foreign JudgmentsRecognition and Enforcement of International Arbitration Awards, Commercial Litigation, Civil LitigationBusiness Torts, and Business  Litigation matters and can assist you in resolving your legal issues in a timely and cost-effective manner. Our mission is to provide creative, sensible, cost-effective, long-term resolutions to clients. Please contact Gilbertson Davis LLP to schedule a consultation.

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About the Author

Josef Finkel

Josef is a litigator with experience working on a broad range of civil and commercial litigation matters including defamation, domain name disputes, breach of contract, debtor and creditor litigation, corporate/commercial disputes, franchise disputes, partnership disputes, real estate litigation, fraud, construction law, landlord and tenant disputes, wrongful dismissals, and cross-border disputes such as recognition and enforcement of foreign judgments and arbitral awards, and recognition of foreign letters rogatory. He has appeared successfully at both the Superior Courts of Justice and the Small Claims Courts Bio | Contact

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