Jonathan Harris: The priority areas therefore are the ones that
require enforcement of judgments.
Not exact matches
The consequence
of this recognition would be, in effect, the (constitutionality
required) uniform
enforcement across Canada
of judgments of Canadian courts.
First, unless the defendant, anonymous Twitter user, resides in Canada (where there is a bilateral reciprocal
enforcement of foreign
judgments treaty with the UK), the service out
of the jurisdiction without prior leave
of the court will
require a letter
of request / letters rogatory (particularly if he / she resides in the U.S.).
The common law also
requires the
enforcement of a foreign civil
judgment where there is a real and substantial connection between the subject matter
of the litigation and the foreign court.
The answer to this question is not a simple matter
of translation, but, as we explain,
requires a broader look at French law to understand the nature
of the astreinte remedy in this case, in conjunction with an analysis
of California law regarding the
enforcement of foreign
judgments.
According to the Convention, signatory States shall recognize arbitral awards as binding and do not
require the confirmation
of enforcement of a national court, so that the arbitral
judgment would be protected and treated equally in all jurisdictions.
No security, bond or deposit, however described, shall be
required of a party who in one Member State applies for
enforcement of a
judgment given in another Member State on the following grounds:
The recognition and
enforcement of judgments given in a Member State should be based on the principle
of mutual trust and the grounds for non-recognition should be kept to the minimum
required.
We can assist your local counsel in your local litigation with matters including, valid service on the Defendant located in Ontario, examination and other court proceedings for the collection
of evidence in Ontario (in - coming letters
of request or letters rogatory), opinions on the laws
of Ontario and Canada, as may be
required, and the
enforcement of a foreign
judgment in Ontario.
One
of those discrete developments is the cooperation agreement that the Shanghai Higher People's Court and Dubai International Finance Centre Court signed in October 2016 (reported here), which must have
required the concurrence
of the SPC.. The other discrete development is the memorandum
of understanding on legal and judicial cooperation between the SPC and Singapore Supreme Court, signed in August 2017, relating to mutual recognition and
enforcement of monetary
judgments, judicial training for judges, and the Belt & Road initiative.
We note that concerns about the constitutionality
of the filing...
of judgments from nations that do not adhere to basic principles
of due process
of law may be addressed by amending the FCMJRA to
require prior judicial approval
of judgments of foreign countries by way
of motion or a separate
enforcement proceeding.
With respect to the first point, the moving party will be
required to establish there is good reason to believe the cause
of action defendant can be compelled to cause the assets
of the NCAD to be used to satisfy the prospective
judgment, or there is some other process
of enforcement by which the plaintiff will be able to obtain recourse to the NCAD's assets.