Federal Courts Rules (SOR/98-106)

Marginal note:Definitions

326. The following definitions apply to rules 327 to 334.

“arbitration agreement”

« convention d'arbitrage »

“arbitration agreement” means an agreement in writing as defined in article II of the convention set out in the schedule to the United Nations Foreign Arbitral Awards Convention Act or an arbitration agreement as defined in Article 7 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act.

“foreign judgment”

« jugement étranger »

“foreign judgment” means a judgment or arbitral award that may be registered in a court in Canada in accordance with

• (a) sections 63 to 71 of the Marine Liability Act;

• (b) the Canada-United Kingdom Civil and Commercial Judgments Convention Act;

• (c) the United Nations Foreign Arbitral Awards Convention Act; or

• (d) articles 35 and 36 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act.

Marginal note:Form of application

327. An application for registration, recognition or enforcement of a foreign judgment shall be in Form 327.

Marginal note:Ex parte application

• 328. (1) An application under rule 327 may be brought ex parte.

• Marginal note:Directions regarding service

  (2) On an ex parte application under subsection (1), the Court may direct that notice of the application be served on the foreign judgment debtor and may give such directions respecting the manner of service as it considers just.

Marginal note:Affidavit

• 329. (1) An affidavit filed in an application under rule 327 shall be accompanied by an exemplified or certified copy of the foreign judgment, any reasons, including dissenting reasons, given in respect of that judgment and a copy of any arbitration agreement under which the judgment was awarded and shall state

  • (a) that the foreign judgment was not fully satisfied as at the filing of the application;

  • (b) whether the foreign judgment debtor appeared in the original proceeding;

  • (c) an address in Canada for service on the foreign judgment creditor;

  • (d) the name and usual or last known address of the foreign judgment debtor;

  • (e) whether interest has accrued on the amount payable under the foreign judgment in accordance with the law of the state of the originating court or arbitral tribunal and, if interest has accrued, the rate of interest, the day from which it is payable, the amount due at the time of the filing of the application and, where applicable, the day on which interest ceases to accrue;

  • (f) the rate of exchange into Canadian currency prevailing on the day on which the foreign judgment was rendered, as ascertained from a chartered bank in Canada;

  • (g) that, having made careful and full inquiries, the applicant knows of no impediment to registration, recognition or enforcement of the foreign judgment; and

  • (h) that the foreign judgment is executory, that no appeal or other form of judicial review is pending and that any time prescribed for the making of an appeal or application for judicial review has expired.

• Marginal note:Affidavit of service

  (2) Where a foreign judgment debtor did not appear in the original proceeding, an affidavit referred to in subsection (1) shall be accompanied by an affidavit of service on the foreign judgment debtor of the document instituting the original proceedings.