BILL 43

Canadian Judgments Act

Chapter Outline

Definitions 1

Canadian judgment — jugement canadien

Court — Cour

judgment creditor — créancier sur jugement

judgment debtor — débiteur sur jugement

Right to register Canadian judgment 2

Submission for registration 3

Registering and entering judgment 4

Default judgment 5

Effect of registering and entering judgment 6

Interest 7

Time limit for enforcement 8

Effect of order staying or limiting enforcement of Canadian judgment 9

Power to stay or limit enforcement of, or to set aside, judgment 10

Prohibition against action 11

Regulations 12

Application of the Act 13

Consequential amendments to the Foreign Judgments Act 14

Commencement 15

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 In this Act

"Canadian judgment" means

(a) a final judgment or order made in a civil proceeding by a court of a province or territory of Canada other than New Brunswick, and

(b) a final order that is made in the exercise of a judicial function by a tribunal of a province or territory of Canada other than New Brunswick and that has been filed in the superior court of unlimited trial jurisdiction of the province or territory where the order was made and is enforceable as a judgment of that court;

"Court" means The Court of Queen’s Bench of New Brunswick;

"judgment creditor" means a person entitled to enforce a Canadian judgment;

"judgment debtor" means a person liable under a Canadian judgment.

Right to register Canadian judgment

2 Subject to this Act and the regulations, a Canadian judgment which, or part of which, requires the payment of a fixed sum of money may be registered under this Act for the purposes of enforcing payment of the money.

Submission for registration

3 A judgment creditor may submit a Canadian judgment for registration by paying the fee prescribed by regulation and by filing with a clerk of the Court

(a) a copy of the Canadian judgment, certified by a judge, registrar, clerk or other proper officer of the court or tribunal that made the Canadian judgment, and

(b) any other documentation and information required by the regulations.

Registering and entering judgment

4 Subject to this Act and the regulations, the clerk of the Court shall register the Canadian judgment and shall enter judgment in the Court in an amount that consists of

(a) the amount owing on the Canadian judgment on the date it is registered under this section,

(b) the reasonable costs, charges and disbursements incurred by the judgment creditor in respect of the registration of the Canadian judgment, as determined by the clerk of the Court, and

(c) stated as a separate amount, any interest that has accrued on the Canadian judgment under the laws of the province or territory where the Canadian judgment was made, as of the date it is registered under this section.

Default judgment

5(1) A Canadian judgment made in a proceeding in which the judgment debtor did not take part shall not be registered under section 4 unless

(a) the judgment debtor was resident in or carried on business in the province or territory where the Canadian judgment was made at the time the proceeding commenced,

(b) the cause of action related to acts done in the province or territory where the Canadian judgment was made, to property located there, to obligations that should have been performed there or to damage that was sustained there,

(c) the judgment debtor had agreed that the proceeding might be determined in the province or territory where the Canadian judgment was made, or

(d) a court of the province or territory where the Canadian judgment was made gave leave for the service of process outside that province or territory, and the judgment debtor was so notified when process was served.

5(2) Notwithstanding subsection (1), a Canadian judgment made in a proceeding in which the judgment debtor did not take part shall not be registered under section 4 if the judgment was made in a proceeding against an individual resident in New Brunswick to enforce

(a) a contract for the supply of consumer goods or services within New Brunswick, or

(b) a contract of employment under which the individual’s place of employment is in New Brunswick.

Effect of registering and entering judgment

6 Subject to sections 7, 8, 9 and 10, a judgment entered under section 4 may be enforced in New Brunswick, or the enforcement of the judgment may be stayed or limited, as if it were a judgment originally obtained and entered in the Court.

Interest

7 Interest at the rate applicable to judgments of the Court is payable on the amounts referred to in paragraphs 4(a) and (b) but is not payable on the amount referred to in paragraph 4(c).

Time limit for enforcement

8 A Canadian judgment shall not be registered, and a judgment entered under section 4 in respect of a Canadian judgment shall not be enforced under section 6,

(a) after the time for enforcement of the Canadian judgment has expired in the province or territory where it was made, or

(b) later than ten years after the date on which the Canadian judgment became enforceable in the province or territory where it was made.

Effect of order staying or limiting enforcement of Canadian judgment

9 Where an order staying or limiting the enforcement of a Canadian judgment is in force in the province or territory where the judgment was made, the provisions of the order apply, with the necessary modifications, to the enforcement of the judgment entered under section 4 in respect of the Canadian judgment.

Power to stay or limit enforcement of, or to set aside, judgment

10(1) The Court may make an order staying or limiting the enforcement of a judgment entered under section 4 in respect of a Canadian judgment, subject to any terms and for any period the Court considers appropriate, if the judgment debtor has brought, or intends to bring, in the province or territory where the Canadian judgment was made, a proceeding to set aside, vary or obtain other relief in respect of the Canadian judgment.

10(2) The Court may make an order setting aside a judgment entered under section 4, subject to any terms the Court considers appropriate, on the grounds that

(a) the judgment or order on which the judgment is based was not a Canadian judgment or was a Canadian judgment that was registered contrary to this Act or the regulations, or

(b) the Canadian judgment on which the judgment is based has been set aside or varied, or other relief has been obtained, in the province or territory in which the Canadian judgment was made, and is no longer enforceable in that province or territory.

10(3) The Court shall not make an order staying or limiting the enforcement of a judgment entered under section 4, or setting aside the judgment, on the grounds that

(a) the judge, court or tribunal that made the Canadian judgment on which the judgment is based lacked jurisdiction over the judgment debtor or over the subject matter of the proceeding that led to the Canadian judgment under

(i) principles of private international law, or

(ii) the domestic law of the province or territory where the Canadian judgment was made,

(b) the Court would have come to a different decision on a finding of fact or law or on an exercise of discretion from the decision of the judge, court or tribunal that made the Canadian judgment, or

(c) a defect existed in the process or proceeding leading to the Canadian judgment on which the judgment is based.

Prohibition against action

11 A Canadian judgment that cannot be registered under this Act shall not be enforced in New Brunswick by an action on the Canadian judgment.

Regulations

12 The Lieutenant-Governor in Council may make regulations

(a) prescribing the fee payable under section 3;

(b) respecting the documentation and information to be filed under paragraph 3(b);

(c) providing that a Canadian judgment or a class of Canadian judgments cannot be registered under this Act, or that a Canadian judgment or a class of Canadian judgments can be registered only in such circumstances as may be prescribed by the regulations;

(d) respecting forms;

(e) respecting any matter or thing required for the purposes of this Act.

Application of the Act

13(1) This Act applies to

(a) a Canadian judgment made in a proceeding commenced after the commencement of this Act, and

(b) a Canadian judgment made in a proceeding commenced before the commencement of this Act and in which the judgment debtor took part.

13(2) A Canadian judgment made in a proceeding commenced before the commencement of this Act and in which the judgment debtor did not take part may be dealt with in accordance with the law as it existed immediately before the commencement of this Act.

Consequential amendments to the Foreign Judgments Act

14(1) Section 1 of the Foreign Judgments Act, chapter F-19 of the Revised Statutes, 1973, is amended by repealing the definition "foreign country" and substituting the following:

"foreign country" means any country other than Canada and includes any portion of a foreign country;

14(2) Paragraph 2(b) of the Act is repealed.

14(3) Paragraph 5(b) of the Act is amended by striking out "was carrying on business or".

Commencement

15 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.