Toronto Lawyers Advising Clients on Enforcement of Foreign Judgments in Canada
Where legal disputes cross borders, an individual or business may find themselves in a situation in which they would like to enforce a judgment that they’ve received outside of Canada in an Ontario court, or a court in another Canadian province or territory. This can occur across a wide range of legal disputes including those involving corporate & commercial law, real estate law, employment law, Wills & Estates law, and hotel law.
If someone wishes to enforce a foreign judgment here in Ontario, they must go through a specific legal process. This can be challenging, complex, and highly technical, and requires guidance from a lawyer with significant experience and expertise handling such matters.
At Baker & Company, we are known for being the firm that handles the “complicated stuff”. We do not shy away from the most complex of legal scenarios and regularly help clients through their most thorny and muddled issues, including enforcement of foreign judgments in Ontario.
If enforcement of foreign judgements here in Ontario or elsewhere in Canada was not possible, it would be necessary to completely re-litigate the relevant legal issue that was tried in a foreign jurisdiction here in Canada. If this was not done, a Canadian defendant could simply ignore the result in the foreign proceeding with the understanding that a foreign judgment would never be enforced here.
This problematic issue was addressed by the Supreme Court of Canada (SCC) in the early 1990’s when it ruled that the court of one province should be able to enforce a domestic judgment from another province where:
In a subsequent decision, the SCC confirmed that these principles also applied to judgments from outside of Canada.
If you are involved in a cross-border or international dispute and have received a judgment in a foreign jurisdiction that you wish to have enforced in Ontario or elsewhere in Canada, contact the highly skilled litigation lawyers at Baker & Company. We rely on more than 30 years of litigation experience to ensure that our clients’ rights are protected. Call us at 416-777-0100 or contact us online for a consultation.