Enforcement Of Foreign Non-Monetary Judgments

Article by Barry Leon and Sarah Huggins

Originally published in IBA Legal Practice Division Litigation Committee Newsletter, May 2007.

In late 2006, the Supreme Court of Canada decided that foreign non-monetary judgments should be recognised and enforced by all Canadian courts in appropriate circumstances.

Under the traditional common law rule, only final monetary judgments would be recognised and enforced. However, in Pro Swing Inc v Elta Golf Inc, the Supreme Court held that ‘the time is ripe to revise’ this traditional rule.¹

The decision is significant in this era of global commerce (including e-commerce) and increasing international interaction and cross-border disputes. It permits Canadian courts to recognise and enforce various types of equitable remedies granted elsewhere and should reduce the need for duplicative proceedings in several jurisdictions.