Enforcement of Foreign Judgments
In our global economy, more and more companies are conducting business with companies located around the world. As such, many of the disputes that arise involve parties that are located in different countries or that own assets in different countries. This is especially true between Canada and the United States, which has had an integrated economy for decades. With business comes disputes, which will ultimately require the enforcement of judgments.
The Siskinds Corporate & Commercial Litigation Group is experienced in enforcing foreign judgments in Ontario, particularly, Judgments obtained from U.S. courts, in order to achieve our clients' business objectives in a cost-effective, timely and practical manner.
Our group is well equipped to respond promptly and knowledgeably to our client's legal needs arising from the recognition and enforcement of foreign judgments, including:
- Recognition and enforcement of U.S. judgments and other foreign judgments
- Foreign letters of request or letters rogatory
- Enforcement of arbitration awards, including international commercial arbitration awards under the New York convention
- Enforcement of the foreign Judgment once it has been recognized by the courts in Ontario
Members of the Siskinds Corporate & Commercial Litigation Group have participated in many forms of alternative dispute resolution, including mediation and arbitration, and have appeared on behalf of our clients in all court levels including the Superior Court of Justice, Divisional Court, Court of Appeal for Ontario and the Supreme Court of Canada and have built a reputation among our peers and the judiciary for determination, effectiveness, credibility and reliability, attributes which are crucial to achieving results.
Members of our Corporate & Commercial Litigation Group were involved in a precedent-setting case before the Supreme Court of Canada, which has advanced the law with respect to the recognition and enforcement of foreign judgments to include non-monetary judgments, such as injunctions ordered by a foreign court. Pro Swing Inc. v. Elta Golf Inc., 2006 SCC 52
