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Recent Blog Posts
Enforcement of Foreign Judgments
Our firm is regularly retained to enforce judgments obtained by clients in other jurisdictions as well as to oppose the enforcement of such foreign judgments in Ontario.
Generally, the courts in Ontario will enforce a foreign judgment if the foreign jurisdiction had a real and substantial connection to the case. The factors the court considers in determining whether a real and substantial connection exist are varied and changed as recently as in 2010. There are few defences to the recognition and enforcement of a foreign judgment in Ontario. Such defences include a lack of natural justice in the foreign jurisdiction (for example, failure to be served with the claim), fraud, etc.
We are very familiar with the most recent jurisprudence and the steps that are necessary to obtain a court order recognizing a foreign judgment. We are also very familiar with the defences and procedural steps necessary to obtain or challenge such orders. For further information on this topic please see the following:
- Enforcing American Judgments in Ontario Canada
- Being Sued in Ontario – the Necessity to Go to Court in Canada
- Suing an Ontario Defendant & Security for Costs,
- Enforcing Canadian Judgments in Israel