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

Gilbertson Davis LLPCross-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”. … Read More