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Alex J.
Alex J., Litigator
Category: Canada Law
Satisfied Customers: 3523
Experience:  LLB, LPC, DELF
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English & Canadian International Trade Lawyers only Can a

Customer Question

English & Canadian International Trade Lawyers onlyCan a Canadian company enforce a judgment granted via a small claims court in Ontario Canada on an English company based in London UK? If so, what are the steps / process?
Submitted: 2 months ago.
Category: Canada Law
Expert:  Alex J. replied 2 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. A Judgment from a Canadian Superior court would fall under the Foreign Judgment (Reciprocal Enforcement) Act 1933. You can make an application to the English high court authorising the Judgment to be enforced at which point it is treated as if it were a Judgment of the English courts. This is an expensive application so you need to consider the following:

(i) Is your Judgment final? Can it be appealed?
(ii) Is the UK Company even solvent? Does it have assets to pay the Judgment?

Kind regards AJ

Customer: replied 2 months ago.
Hi...it would be a (potential) judgement in the Small Claims Court for up to $10k. Would the process be the same? The Plaintiff would have to apply to the UK Court and would the defendant get notified?ThanksRussell
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. Can you tell me how the Judgment has arisen? The defendant would have to be notified of any claim, but if there is a risk they will dissipate their assets, you could apply for a freezing order before making the claim.

Customer: replied 2 months ago.
We are the Defendant in this claim and we are disputing the claim as we believe the Plaintiff did not deliver the services as agreed in accordance with our Agreement.They have filed a Small Claim in Toronto and we are in the process of serving and entering a defence. The issue I am trying to get clarity on is, whether, if we should loose, or choose not to defend it, the Plaintiff has any juridisction over our UK Company and the steps they would need to enforce the loss on us here in England.ThanksRussell
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. It would be a very expensive process for them to enforce the Judgment and they would have to have a final Judgment that had no further means of appeal in Canada. Is the contract you entered into subject to Canadian Law?

Customer: replied 2 months ago.
OK. Thanks. Yes it is.
Expert:  Alex J. replied 2 months ago.

Hi, Thank you. I think it would be an expensive process for them to pursue in the UK, especially if the Judgment is subject to further appeal. Is there any way you can settle the claim before it reaches court? Kind regards AJ

Customer: replied 2 months ago.
Hi AlexThank you. That's what I thought.Well they have filed the claim already, we'll submit our defence and then we can have a discussion I guess!
Expert:  Alex J. replied 2 months ago.

Hi Thank you. I look forward to hearing from you with any update. I would be most grateful if you would rate my answer in the mean time? Kind regards AJ

Customer: replied 2 months ago.
Of course. Yo've been most helpful.
Expert:  Alex J. replied 2 months ago.

Thank you very much Kind regards AJ

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