The Foreign Judgments Act

Transcription

1 FOREIGN JUDGMENTS c. F-18 1 The Foreign Judgments Act being Chapter F-18 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 c. F-18 FOREIGN JUDGMENTS Table of Contents 1 Short title 2 Interpretation 3 Jurisdiction in actions in personam 4 Where jurisdiction not possessed 5 When foreign judgment conclusive 6 Defences to action on foreign judgment 7 Stay of proceedings 8 Proceeding on original cause of action 9 Construction of Act

3 FOREIGN JUDGMENTS c. F-18 3 CHAPTER F-18 An Act to make uniform the Law respecting Actions upon Foreign Judgments Short title 1 This Act may be cited as The Foreign Judgments Act. R.S.S. 1978, c.f-18, s.1. Interpretation 2 In this Act: action (a) action includes any civil proceeding; defendant (b) defendant means a person who is ordered to pay a sum of money with or without cost or costs only by a foreign judgment; foreign country (c) foreign country means any country other than this province, whether a kingdom, empire, republic, commonwealth, state, dominion, province, territory, colony, possession or protectorate, or a part thereof; foreign judgment (d) foreign judgment means a judgment or order of a court of a foreign country, whether heretofore or hereafter obtained, whereby a sum of money is with or without costs made payable or whereby costs only are made payable; original court (e) original court means the court in which the foreign judgment was obtained. R.S.S. 1965, c.95, s.2; R.S.S. 1978, c.f-18, s.2. Jurisdiction in actions in personam 3 For the purposes of this Act, in an action in personam a court of a foreign country has jurisdiction in the following cases only: (a) where the defendant is, at the time of the commencement of the action, ordinarily resident in that country; (b) where the defendant, when the judgment is obtained, is carrying on business in that country and that country is a province or territory of Canada; (c) where the defendant has submitted to the jurisdiction of that court: (i) by becoming a plaintiff in the action; or (ii) by voluntarily appearing as a defendant in the action without protest; or (iii) by having expressly or impliedly agreed to submit thereto. R.S.S. 1965, c.95, s.3; R.S.S. 1978, c.f-18, s.3.

4 4 c. F-18 FOREIGN JUDGMENTS Where jurisdiction not possessed 4 For the purposes of this Act, no court of a foreign country has jurisdiction: (a) in an action involving adjudication upon the title to, or the right to the possession of, immovable property situated in this province; or (b) in an action for damages for an injury in respect of immovable property situated in this province. R.S.S. 1965, c.95, s.4; R.S.S. 1978, c.f-18, s.4. When foreign judgment conclusive 5 Subject to the other provisions of this Act, and for the purposes of this Act, a foreign judgment is conclusive as to any matter adjudicated upon and shall not be impeached for any error of fact or law. R.S.S. 1965, c.95, s.5; R.S.S. 1978, c.f-18, s.5. Defences to action on foreign judgment 6 Where an action is brought in this province upon a foreign judgment, it is a sufficient defence: (a) that the original court did not have jurisdiction for the purposes of this Act; (b) that the defendant, being a defendant in the original action, was not duly served with the process of the original court and did not appear, notwithstanding that he was carrying on business or was ordinarily resident in the foreign country or agreed to submit to the jurisdiction of that court; (c) that the judgment was obtained by fraud; (d) that the judgement is not a final judgment; (e) that the judgment is not for a sum certain in money; (f) that the judgment is for payment of a penalty or a sum of money due under the revenue laws of the foreign country; (g) that the judgment has been satisfied or for any other reason is not a subsisting judgment; (h) that the judgment is in respect of a cause of action that, for reasons of public policy or for some similar reason, would not have been entertained by the courts of this province; (i) that the proceedings in which the judgment was obtained were contrary to natural justice. R.S.S. 1965, c.95, s.6; R.S.S. 1978, c.f-18, s.6. Stay of proceedings 7 In an action on a foreign judgment, the court, upon being satisfied that the defendant has taken or is about to take an appeal or other proceeding in respect thereof, may from time to time, pending the determination of the appeal or proceeding, and upon such terms as may be deemed proper, grant a stay of proceedings. R.S.S. 1965, c.95, s.7; R.S.S. 1978, c.f-18, s.7.

5 FOREIGN JUDGMENTS c. F-18 5 Proceeding on original cause of action 8 Nothing in this Act prevents the bringing of an action upon the original cause of action in respect of which a foreign judgment was obtained. R.S.S. 1965, c.95, s.8; R.S.S. 1978, c.f-18, s.8. Construction of Act 9 This Act shall be so interpreted and construed as to effect its general purpose of making uniform the law of the provinces that enact it. R.S.S. 1965, c.95, s.9; R.S.S. 1978, c.f-18, s.9.

6 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 2016