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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 112762
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I won a judgement in California through the CA Labor Board

Customer Question

I won a judgement in California through the CA Labor Board Dept. of Industrial Relations against my previous employer. My previous employer is located in Ontario, Canada and I live in California. I hired an attorney in Ontario, Canada who went to a hearing and was told that the case was being thrown out due to not having the judgment recognized in the Ontario court pursuant to Rule 14 of the Rules of Civil Procedure R.R.O 1990 Reg. 104. My lawyer said to have the California court transfer the judgement to Ontario, Canada but I don't know how to do this. Please let me know if you can answer this question.
Submitted: 9 months ago.
Category: Business Law
Expert:  Phillips Esq. replied 9 months ago.
The Court in California CANNOT transfer the Judgment to Canada. It appears that you need to hire a more experienced Attorney who knows how to enforce American Judgment in Ontario. The links below have specific information on how to enforce the Judgment in Ontario: https://www.hg.org/article.asp?id=6168 https://www.google.com/webhp?sourceid=chrome-instant&ion=1&espv=2&ie=UTF-8#q=Domestication+of+foreign+Judgment+in+canada Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this. Thank you for your cooperation.
Customer: replied 9 months ago.
Hi Sir,It says that an action on a U.S. judgment is usually begun by a writ endorsed with a statement of claim for the amount of the judgment, interest and costs, and can be pursued by way of a motion
for summary judgment. Is this done un Canada?This is what the attorney in Canada told me. The labour board seal alone is not enough. Judgement needs to be registered in California and the court seal placed on this matter; based on the reciprocity act.How do I do this and what does it mean?
Expert:  Phillips Esq. replied 9 months ago.
I am a licensed U.S. Attorney and not Canadian Attorney. So, I will ask the site to move this post to the Canada Law Category.
Customer: replied 9 months ago.
nobody has contacted me yet
Customer: replied 9 months ago.
nobody has contacted me yet
Customer: replied 9 months ago.
Is anyone working on this? It shouldn't take 8 days to get an answer. The answer from Phillips Esq. did not answer my question. I had this information before contacting Just Answer.com. I googled it myself. I came to Just Answer to get expert help. Can anyone help me?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR.
First off, you need an original judgment from CA. The original judgment is just a copy of your judgment that has the raised court seal on it. Once you have the original judgment from CA, then you need an attorney in Canada to file what is called a Petition to Recognize and Enforce Foreign Judgment. This is a petition where you ask the Canadian court under the international treaties to recognize your judgment from CA and you attach the original copy of the judgment to the petition filed in the Canadian court.
This is how you get the foreign judgment recognized in Canada and I would suggest you start by getting an original copy of your California judgment then get a Canadian attorney and give them that copy and they will file the petition to have the judgment recognized.
Customer: replied 9 months ago.
Do I need to file for a Writ of Execution also?
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
No, you do not HAVE to file for writ of execution in CA. You can simply file petition to recognize foreign judgment in Canada and then ask the Canadian court to enforce the judgment with a writ of execution in Canada.
An option is filing for a write of execution in the US court and then taking that writ together with the judgment and bringing it to Canada and ask the court to enforce both. It is a little more time consuming to get the writ, but it is an alternative.
Customer: replied 8 months ago.
Thank you very much for your help. How do I obtain an original judgment with the seal from the Orange County CA courthouse? Can you tell me which document I would need to request and how?Thank you.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
YOU would need to go to that court or call the clerk of court's office and you would have to pay their document copy fee and tell them you need an original true copy and they will provide it to you. You just need the final order of judgment in the case.