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Sunday, February 07, 2016
Saskatchewan Justice

The Canada-United Kingdom Judgments Enforcement Act implements the Convention between Canada and the United Kingdom (England, Wales, Scotland, Northern Ireland) for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters.

The Act extends the Convention to Saskatchewan. The Court of Queen's Bench is authorized to hear applications for registration of a judgment given by a court of the United Kingdom.

The Convention applies to the recognition and enforcement of civil and commercial money judgments made by a court, including arbitration awards. It does not apply to:

  • matters of family law, such as maintenance or custody orders;
  • taxation;
  • legal status (e.g., dependent adults);
  • succession law; and
  • bankruptcy.

A Saskatchewan court shall refuse or set aside registration of a judgment if:

  • the judgment has been satisfied, is not final or an appeal is pending;
  • the original court is not regarded as having jurisdiction or another judgment has been given by a court having jurisdiction in the matter prior to the date of judgment  in the original court;  
  • the judgment was obtained by fraud;
  • enforcement of the judgment would be contrary to public policy; or
  • the judgment debtor is, or was entitled to, immunity from the jurisdiction of the original court.

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