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At common law, a foreign judgment may be recognised if: it is a final judgment (although this requirement has been waived in certain limited circumstances); it was granted by a court of competent jurisdiction; and. it is of a nature that the principle of comity requires the Canadian court to enforce.

Unless a defence to recognition and enforcement is shown to exist (as discussed below), a non-Canadian judgment is enforceable where the judgment (a) comes from a court of competent jurisdiction, (b) is final and conclusive and (c) the order is adequately precise.

Under Canadian common law principles, a foreign judgment cannot be immediately enforced by execution. A party seeking to have a foreign judgment recognised and enforced must commence new proceedings in the domestic court, either by action or application.