Recognition and Enforcement of Foreign Judgments in Canada
Ontario Bar Association Institute 2014, 'Internationalizing Commercial Contracts'
47 Pages Posted: 19 Jan 2014
Date Written: January 15, 2014
Abstract
This paper provides an overview of the governing conflict of laws principles for the recognition or enforcement of foreign judgments, including an analysis of the recent Court of Appeal for Ontario decision in Yaiguaje et al. v. Chevron Corporation et al. and its implications for the recognition and enforcement of foreign judgments, generally. The issue of state immunity as an obstacle to foreign judgment enforcement is also considered.
Keywords: foreign judgments, recognition, enforcement, Canada, Beals v. Saldanha, Yaiguaje et al. v. Chevron Corporation et al.., state immunity, fraud, natural justice, public policy, impeachment defences, conflict of laws
JEL Classification: K33, K41
Suggested Citation: Suggested Citation