How to enforce Judgement of Indian Court in Canada

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A foreign judgment (including the one passed by Indian Courts) is recognizable and enforceable under common law in all Canadian provinces excluding Quebec (civil law regime), in the absence of any applicable special regime.
Such a judgment must have been issued by a court of competent jurisdiction as per the Canadian conflict of law rules. In addition to this, the said foreign judgment must be final and conclusive and must be for a debt or sum of money, if not, then it must be sufficiently clear and specific of a nature that the principle of comity requires the Canadian Court to enforce it.

Before 2006, only foreign money judgments were enforceable in Canada. The Supreme Court of Canada then held that courts have jurisdiction to enforce foreign judgments providing non-monetary awards.[1]

Canadian Federal legislation allows a foreign judgment to be proven by a certified copy or exemplification, purporting to be under the seal of the issuing judge or court stenographer. In other circumstances, action on a foreign judgment commences by a statement of claim for the amount of judgment and can be pursued by way of a motion for a summary judgment.

The Enforcement of Foreign Judgments Act, SS 2005, c E-9.121 is the statutory regime governing foreign law judgments of all foreign jurisdiction. Apart from this, there are other laws that apply to different jurisdictions specifically. enforce Judgement of Indian Court in Canada

Canadian courts do not enforce foreign judgments relating to taxes, public law, penal or quasi- criminal matters. In addition, the recognition of certain types of foreign judgments have to be subject to particular legislative frameworks.

A Canadian court shall not recognize or enforce a foreign judgment unless its final and conclusive. When there is a conflicting judgment between parties or local proceedings are pending between the parties then that judgment is not final. In such a case, the foreign judgment will not be recognized or enforced in a Canadian Court. [2]

Each Canadian province has authority to pass legislation that governs recognition of foreign judgments in that province. Though the laws of various provinces overlap, there are significant differences also. For instance, the limitation period for bringing action for recognition of a foreign judgment varies across the provinces.

Once a foreign judgment is recognized, it is enforceable in the same manner as a domestic judgment. For instance, depending on the actual context, the enforcement may be effected through seizure and sale of personal property, or garnishment of debts payable to the judgment debtor. enforce Judgement of Indian Court in Canada

Requirements of Special enforcement regimes of various provinces applicable to foreign judgments:
Court Order Enforcement Act (British Columbia): If a judgment is given in a court in a reciprocating state, the judgment creditor may apply to have the judgment registered in the registering court unless the time for enforcement has expired in the reciprocating state or 10 years have expired after the date the judgment became enforceable in the reciprocating state.

On application for registration,the Supreme Court may order that the judgment be registered. An order for registration may generally be made without notice, but the application must be accompanied by a certificate issued from the original court and under its seal and signed by a judge or the clerk of that court. The certificate must be in the prescribed form and must set out the particulars as to the matters mentioned in it. If a judgment is registered, the judgment, from the date of the registration, is of the same effect as if it had been a judgment given originally in the registering court.

No order for registration will be made if the court to which the application for registration is made is satisfied that:

the original court acted either without jurisdiction or without authority;
the judgment debtor did not voluntarily appear or otherwise submit during the proceedings to the jurisdiction of that court;
then they was not duly served with the process of the original court and did not appear;
the judgment was obtained by fraud;
an appeal is pending or the time in which an appeal may be taken has not expired;
the judgment was for a cause of action that for reasons of public policy or for some similar reason would not have been entertained by the registering court; or
the judgment debtor would have a good defense if an action were brought on the judgment.

Reciprocal Enforcement of Judgments (U.K.) Act (Ontario): Where a judgment is given by a court of a reciprocating jurisdiction, the judgment creditor may apply to a court of the other reciprocating jurisdiction at any time within a period of six years after the date of the judgment (or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings) to have the judgment registered.

The registering court may require that an application for registration be accompanied by: (a) the judgment of the original court or a certified copy thereof; (b) a certified translation of the judgment, if given in a language other than the language of the territory of the registering court; (c) proof of the notice given to the defendant in the original proceedings, unless this appears from the judgment; and (d) particulars of such other matters as may be required by the rules of the registering court. enforce Judgement of Indian Court in Canada

Registration of a judgment shall be refused or set aside if:

the judgment has been satisfied;
the judgment is not enforceable in the territory of origin;
the original court is not regarded by the registering court as having jurisdiction;
the judgment was obtained by fraud;
enforcement of the judgment would be contrary to public policy in the territory of the registering court;

the judgment is a judgment of a country or territory other than the territory of origin which has been registered in the original court or has become enforceable in the territory of origin in the same manner as a judgment of that court; or in the view of the registering court the judgment debtor either is entitled to immunity from the jurisdiction of that court or was entitled to immunity in the original court and did not submit to its jurisdiction.

Registration of a judgment may be set aside if:
- the judgment debtor, being the defendant in the original proceedings. either was not served with the process of the original court or did not receive notice of those proceedings in sufficient time to enable him to defend the proceedings and, in either case, did not appear;
- another judgment has been given by a court having jurisdiction in the matter in dispute prior to the date of judgment in the original court.
- the judgment is not final or an appeal is pending or the judgment debtor is entitled to appeal or to apply for leave to appeal against the judgment in the territory of origin.

The Reciprocal Enforcement of Judgments Act (Manitoba): Where a judgment has been given in a court in a reciprocating state. the judgment creditor may apply to the registering court within six years after the date of the judgment to have the judgment registered in the registering court. On such application, the registering court may order the judgment to be registered. An order for registration may generally be made ex parte.

The application for registration must be accompanied by a certificate issued from the original court and under its seal and signed by a judge thereof or the clerk thereof. The certificate must be in the prescribed form and must set forth the particulars as to the matters therein mentioned.

Reciprocal Enforcement of Judgments Act (Alberta): The requirements are identical to those under The Reciprocal Enforcement of Judgments Act (Manitoba).

The Enforcement of Foreign Judgments Act (Saskatchewan):
In this Province, there is a distinction made between the concepts of recognition and enforcement. the same rules that determine whether a foreign judgment is unenforceable also apply in determining. whether a foreign judgment is binding on the parties (i.e. whether it is recognized).

How to enforce Judgement of Indian Court in Canada