Recognition and enforcement of a foreign judgement

The recognition and enforcement of a foreign judgement in Quebec is necessary in order to put in effect the judgement rendered by a foreign court within Quebec’s jurisdiction.

Alternatively, the recognition and enforcement of a Quebec judgement by a foreign court is necessary for it to have effect in that jurisdiction.

The principle of international comity amongst states guides the courts at the recognition and enforcement stage. International comity can be described as a form of reciprocity amongst different States which usually manifests itself through recognizing the validity of their executive, legislative, and judicial act.

Consequently, a Quebec court will decide to recognize and enforce a foreign judgement unless:[1]

  1. The authority of the State where the decision was rendered had no jurisdiction under the provisions of the CCQ;
  2. The decision, at the place where it was rendered, is subject to an ordinary remedy or is not final or enforceable;
  3. The decision was rendered in contravention of the fundamental principles of procedure;
  4. A dispute between the same parties, based on the same facts and having the same subject has given rise to a decision rendered in Quebec, whether or not it has become final, is pending before a Quebec authority, first seized of the dispute, or has been decided in a third State and the decision meets the conditions necessary for it to be recognized in Quebec;
  5. The outcome of a foreign decision is manifestly inconsistent with public order as understood in international relations; and
  6. The decision enforces obligations from the taxation laws of a foreign State.

Otherwise, a Quebec authority will limit itself at verifying whether the foreign decision to be recognized fulfills the abovementioned conditions, without examining the merits of the case. In addition, recognition or enforcement will not be refused on the sole ground that the original authority applied a law different from the law that would be applicable under the rules contained within the CCQ.

[1] Civil Code of Québec, CQLR c CCQ-1991 at Art. 3155.

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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.

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