The economies of the United States and Canada are highly integrated. Canadian and American companies and citizens commonly conduct business in their neighbour’s country. This transnational business sometimes leads to disputes, which can lead to litigation and court judgments. So, the question is, how does one enforce a United States (U.S.) judgment against a Canadian party in Canada?
As set out in this article, there have been significant developments in Canadian law respecting the recognition and enforcement of U.S. and other foreign judgments in Canada over the past 25 years. As a result of these developments, it is now easier, faster and cheaper to enforce foreign judgments in Canada. However, strict legal and procedural requirements remain. The purpose of this article is to provide U.S. lawyers practical advice respecting the legal and procedural requirements which will need to be met before a Canadian court will recognize and enforce a U.S. judgment. More unusual topics like foreign state immunity are beyond the scope of this paper.