Renvoi: Lex Situs Conflictus

Canadian Conflict of Laws Blawg by Seva Batkin

Chaining Across Canada

Posted by Seva on March 10, 2008

In the common law provinces, chaining of foreign judgments may be possible. I.e., find a province that has a reciprocation agreement with the state from which you have a judgment, register the judgment in that province, and then register and enforce the now provincial judgment in your home province as a Canadian judgment. At least that’s the theory.

The practical problem is that across Canada, provinces have a very limited numbe of reciprocation agreements with U.S. states and other countries. A while back I had to investigate the possibility of chaining and as a result compiled a handy table, which includes all provinces (except Quebec), their applicable acts, and the states/countries with which they have reciprocation agreements.

Of interest is that B.C. has can register judgments from the greatest number of states: Washington, Alabama, California, Oregon, Colorado and Idaho, as well as Australia, Germany, Austria and UK; Alberta has agreements with Montana; and Manitoba is the only Canadian province with a reciprocation agreement with France.

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