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ARTICLE · 22 APRIL 2013

Enforcing US Judgments In Ontario

The Supreme Court of Canada confirmed in Beals v. Saldanha that the principles of comity must be applied when considering and enforcing judgments of other courts.

CanadaLitigation, Mediation & Arbitration

The Supreme Court of Canada confirmed in Beals v. Saldanha that the principles of comity must be applied when considering and enforcing judgments of other courts. Ontario courts will generally recognize and enforce American judgments against Canadian parties with assets in Ontario where a final judgment for a defined sum of money is awarded by a court of competent jurisdiction.

Enforcement of US judgments is pursued by commencing an application (generally a summary procedure relying on a "paper record") or by starting an action (and often seeking summary judgment within the action). A party seeking to enforce a US judgment must satisfy the court that there is a "real and substantial connection" between the foreign jurisdiction and the subject matter giving rise to the claim.

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