Statutory Instrument 1987 No. 468

The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987

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© Crown Copyright 1987

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1987 No. 468

JUDGMENTS

The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987

At the Court at Buckingham Palace, the 18th day of March 1987

Present,

The Queen's Most Excellent Majesty in Council

Whereas a Convention, a copy whereof is set out in the Schedule to this Order, relating to the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, signed at Ottawa on 24th April 1984, was ratified on 1st October 1986 by Her Majesty and the Government of Canada and entered into force on 1st January 1987;

And whereas Her Majesty is satisfied that, in the event of the benefits conferred by Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933^[1] being extended to judgments in civil and commercial matters given in the courts of Canada, substantial reciprocity of treatment will be assured as regards the enforcement in Canada of similar judgments given in the courts of the United Kingdom;

Now, therefore, Her Majesty, by virtue and in exercise of the powers conferred on Her by sections 1 and 3 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 and section 9(2) of the Civil Jurisdiction and Judgments Act 1982^[2] and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

    1.    This Order shall come into force on 18th March 1987 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987.

    2.    Part 1 of the Foreign Judgments (Reciprocal Enforcement) Act 1933 shall extend to Canada.

    3.    The following courts of Canada shall be recognized courts of Canada for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933, that is to say the Federal Court of Canada and any court of the Province of British Columbia, Manitoba, New Brunswick, Nova Scotia or Ontario.

    4.    The following judgments shall be judgments to which Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies, that is to say any decision, however described (judgment, order and the like), given by a recognized court of Canada in a civil or commercial matter and including an award in proceedings on an arbitration which has become enforceable in the same manner as a judgment given by one of the said courts.

    5.    A judgment given in one of the said courts of Canada shall, in the absence of proof to the contrary, be deemed to be capable of execution in Canada if a certified copy of the judgment and, if appropriate, a translation thereof into English, certified by a sworn translator, is produced.

    6.    The rate of interest due under the law of Canada upon the sum in respect of which a judgment of one of the said courts of Canada is given shall be deemed to be that specified in the judgment or any certificate of the original court accompanying the judgment and, if no rate is so specified, no interest shall be deemed to be due thereon under the law of Canada unless the contrary is shown.

    7.    It is hereby declared that-
 (a) the provisions contained in articles 5 and 6 of this Order are necessary for giving effect to the Convention scheduled hereto in relation to matters with respect to which there is power to make rules of court for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933; and
 (b) Article IX of the Convention scheduled hereto is a provision of a Convention whereby the United Kingdom assumes an obligation of the kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, signed at Brussels on 27th September 1968^[3].

    8.    The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1986^[4] is hereby revoked.

G.I. de Deney

Clerk of the Privy Council

[1] 1933 c. 13 (as extended by S.I. 1933/1073 and amended by section 35(1) of and Schedule 10 to the Civil Jurisdiction and Judgments Act 1982 (c. 27)). back

[2] 1982 c. 27. back

[3] The Convention is set out in Schedule 1 to the Civil Jurisdiction and Judgments Act 1982. back

[4] S.I. 1986/2027. back

Explanatory Note