Injunctive Relief Agreement With Canada In Arizona
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FAQ
Procedure for Enforcing the Judgment The lack of a reciprocal enforcement agreement between the US and Canada requires plaintiffs to initiate a separate proceeding in the Courts of the Canadian province where the defendant's assets are located to enforce the US judgment.
American courts (both Federal and State Courts) have no jurisdiction over Canadian residents or companies in Canada. In order for a US judgment or letter rogatory to have effect over a Canadian resident or company, an application must be made to the relevant Canadian court to approve the order.
Injunctive relief, or injunctions, are court orders helpful in protecting a party's rights, particularly under a contract. Typically, parties seek injunctions to prevent another party from taking an action (prohibitive injunctions) or force another party to do something (mandatory injunctions).
Recognition is essential because if a foreign judgment is not recognised, it cannot be enforced. To initiate the recognition process under REFJA, the judgment holder must file an application to the High Court for registration of the judgment. The application must be submitted within six (6) years of the judgment date.
Subject to upholding natural justice principles, Canadian courts take a generous approach to recognizing American judgments, and once an American judgment is recognized in Canada, it is enforceable as if it were a Canadian judgment.
Generally, US judgments cannot be enforced in a foreign country without first being recognized by a court in that foreign country. The recognition and enforcement of US judgments depends not only on the domestic law of the foreign country, but also on the principles of comity, reciprocity and res judicata.
Enforcement of a Foreign Judgment in the U.S. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.
A party seeking to enforce a foreign judgment in Canada must bring a proceeding in the superior court of the province in which the party wishes to enforce the judgment. Where the amounts at issue are relatively modest, the small claims procedure may also be used.
