Not exact matches
In August 2012, wife filed a petition to
enforce the two
judgments against Mr. Dougall alleging he had made no effort to pay the
judgments issued against him.
The common law rules will not prevent parallel proceedings being
issued in another country and will not result in a
judgment which will necessarily be recognised let alone
enforced in another country.
In the case of an action to
enforce, there is no constitutional
issue because the decision of the court is limited to the enforceability of the
judgment in Ontario.
Hugh Mercer QC appeared as counsel for the Ministry of Justice on the
issue of whether the Supreme Court had jurisdiction to hear an appeal against a refusal to
enforce a Romanian
judgment under the Brussels II Revised Regulation.
5.2 Are there any particular tips you would give, or critical
issues that you would flag, to clients seeking to recognise and
enforce a foreign
judgment in your jurisdiction?
In order to recognise and
enforce a
judgment at common law, the party seeking enforcement (the claimant) must commence a new claim (by
issuing a Claim Form) as one would for any other claim.
There have not been many instances of foreign
judgments being
enforced in Myanmar in recent history and no known cases relevant to this particular
issue.
In the «trigger
issue» litigation insurers now challenge the claimants» right to
enforce a
judgment against an insurer.
It may be true as a practical matter in a substantial number of cases, because many constitutional
issues wind up in court and the court must decide the constitutional
issue to decide the case and the executive does not have discretion to decline to
enforce that resulting
judgment.
The more political questions that are resolved into judicial questions, the more the judiciary is going to get the last word, because the courts must decide the constitutional
issues and the executive must
enforce those
judgments.
There is a related
issue to the extradition one, which is that if the fine is reduced to a civil
judgment in Singapore (I assume that it could), and if it was, if the foreign
judgment from Singapore could be
enforced in South Africa or any other place the
judgment debtor has property or income.
[2] The Plaintiff took no steps to
enforce the balance of the
judgment until August 2, 2012, when, without any prior notice to the Defendant of its intention to do so, it had a Notice of Garnishment
issued to certain of the Defendant's debtors.
We offer a complete debt recovery service, including pre-issue recovery,
issuing claims in the County Court and High Court and
Enforcing Judgments.
Although a world - wide injunction against enforcement of the
judgment issued by the same US court was struck down, it seems likely that the Ontario court will take into account the US court holding in deciding whether to
enforce the
judgment against the assets of Chevron Canada (see para 77).
When the child support obligation is being
enforced by the Department of Revenue, the term «support order» also means a
judgment, decree, or order, whether temporary or final,
issued by a court of competent jurisdiction for the support and maintenance of a child and the spouse or former spouse of the obligor with whom the child is living which provides for monetary support, health care, arrearages, or past support.
The case is considered an important test of whether
judgments issued by foreign jurisdictions can be
enforced in Canada.