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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.

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.

Action Brought in the Appropriate Court The first step in enforcing a Quebec or foreign judgment in Ontario is to commence an action to enforce the judgment. Depending on the amount due, the action should be brought in either the Small Claims Court (amounts under $25,000), or the Superior Court of Justice.

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.

In British Columbia, the Supreme Court of British Columbia is the only Court with the jurisdiction to hear an application for registration of a foreign judgement. Once the judgement is registered, the foreign judgement may be enforced as though it was a domestic judgement of the Supreme Court of British Columbia.

The application is made by way of a petition and supporting affidavit. A certified copy of the original judgment under seal of the foreign court is required. The petition must set out the amount owing. Interest can be claimed as long as it is allowed for in the foreign judgment.