Q: Are the Injunctions of Non-Canadian Courts Enforceable in Canada?

A: In an important recent change to Canadian common law, in Pro Swing Inc. v. Elta Golf Inc.¹, the Supreme Court of Canada unanimously concluded that it was now time to allow injunctions issued by non-Canadian courts to be enforceable in Canada, in appropriate circumstances, because "[m]odern-day commercial transactions require prompt reactions and effective remedies. The advent of the Internet has heightened the need for appropriate tools."

Historically, the Canadian common law provided that a foreign judgment was not enforceable unless the judgment was for a debt or a definite sum of money, among other factors. As a result, for example, a U.S. court could award damages for intellectual property infringement that would be enforceable in Canada, but a Canadian court would not enforce a U.S. injunction prohibiting the defendant from continuing to infringe the plaintiff’s rights in Canada. With the release of the Supreme Court of Canada’s decision in Pro Swing², however, a final