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RSNL1990 CHAPTER R-4

RECIPROCAL ENFORCEMENT OF JUDGMENTS ACT

Amended:

2001 cN-3.1 s2; 2013 c16 s25

CHAPTER R-4

AN ACT TO FACILITATE THE RECIPROCAL ENFORCEMENT OF JUDGMENTS

Analysis



Short title

        1. This Act may be cited as the Reciprocal Enforcement of Judgments Act.

RSN1970 c327 s1

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Interpretation

        2. (1) In this Act

             (a)  "judgment" means a judgment or order of a court in a civil proceeding by which a sum of money is made payable, and includes an award in an arbitration proceeding where the award, under the law in force in the state where it was made, has become enforceable in the same manner as a judgment given by a court in that state, but does not include an order for the periodical payment of money as alimony or as maintenance for a spouse or former spouse or reputed spouse or a child or other dependent of the person against whom the order was made;

             (b)  "judgment creditor" means the person by whom the judgment was obtained, and includes his or her executors, administrators, successors and assigns;

             (c)  "judgment debtor" means the person against whom the judgment was given, and includes a person against whom the judgment is enforceable in the state in which it was given;

             (d)  "original court" in relation to a judgment means the court by which the judgment was given;

             (e)  "registering court" in relation to a judgment means the court in which the judgment is registered under this Act; and

             (f)  "state" means a province or territory in Canada or a state, province, colony, or other territory outside Canada .

             (2)  All references in this Act to personal service mean actual delivery of the process, notice, or other document, to be served, to the person to be served personally; and service shall not be held not to be personal service merely because the service is effected outside the state of the original court.

RSN1970 c327 s2

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Application for registration

        3. (1) Where a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to the Trial Division within 6 years after the date of the judgment to have the judgment registered in that court, and on the application the court may order the judgment to be registered.

             (2)  An order for registration under this Act may be made without giving notice to the judgment debtor, in a case in which the judgment debtor,

             (a)  was personally served with process in the original action; or

             (b)  though not personally served, appeared or defended or otherwise submitted to the jurisdiction of the original court,

and in which, under the law in force in the state where the judgment was made, the time within which an appeal may be made against the judgment has expired and no appeal is pending, or an appeal has been made and has been disposed of.

             (3)  In a case to which subsection (2) applies, the application shall be accompanied by a certificate issued from the original court and under its seal and signed by a judge or the clerk of the court.

             (4)  The certificate shall be in the form set out in the schedule, or in a similar form, and shall set out the particulars as to the matters mentioned in it.

             (5)  In a case to which subsection (2) does not apply, the notice of the application for the order that is required by the rules or that the judge considers sufficient shall be given to the judgment debtor.

             (6)  An order for registration shall not be made where it is shown by the judgment debtor to the court to which application for registration is made that,

             (a)  the original court acted either

                      (i)  without jurisdiction under the conflict-of-laws rules of the court to which application is made, or

                     (ii)  without authority, under the law in force in the state where the judgment was made, to adjudicate concerning the cause of action or subject matter that resulted in the judgment or concerning the judgment debtor;

             (b)  the judgment debtor, being a person who was neither carrying on business nor ordinarily resident within the state of the original court, did not voluntarily appear or otherwise submit during the proceedings to the jurisdiction of that court;

             (c)  the judgment debtor, being the defendant in the proceedings, was not served with the process of the original court and did not appear, notwithstanding that he or she was ordinarily resident or was carrying on business within the state of that court or had agreed to submit to the jurisdiction of that court;

             (d)  the judgment was obtained by fraud;

             (e)  an appeal is pending or the time within which an appeal may be taken has not expired;

             (f)  the judgment was 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 registering court; or

             (g)  the judgment debtor would have a good defence if an action were brought on the judgment.

             (7)  Registration may be effected by filing the order and a certified copy of the judgment with the Trial Division, and the judgment shall be entered as a judgment of that court.

RSN1970 c327 s3; 1974 No57 s38(264(ee)); 1986 c42 Sch A; 2013 c16 s25

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Jurisdiction to issue certificate

        4. Where the original court is a court in the province that court has jurisdiction to issue a certificate for the purposes of registration of a judgment in a reciprocating state.

RSN1970 c327 s4

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Conversion to Canadian currency

        5. (1) Where a judgment sought to be registered under this Act makes payable a sum of money expressed in a currency other than the currency of Canada, the registering court shall determine the equivalent of that sum in the currency of Canada on the basis of the rate of exchange prevailing at the date of the judgment in the original court, as ascertained from a chartered bank.

             (2)  The registering court shall certify on the order for registration the sum so determined expressed in the currency of Canada ; and, upon its registration, the judgment shall be considered to be a judgment for the sum so certified.

RSN1970 c327 s5

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Judgment in a language other than English

        6. Where a judgment sought to be registered under this Act is in a language other than English, the judgment or the certified copy of it shall have attached to it a translation in English approved by the court, and upon the approval being given the judgment shall be considered to be in English.

RSN1970 c327 s6

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Effect of registration

        7. Where a judgment is registered under this Act,

             (a)  the judgment, from the date of the registration, has the same effect as if it had been a judgment given or entered originally in the registering court on the date of the registration and proceedings may be taken on it accordingly, except that where the registration is made under an order without notice to the judgment debtor, a sale or other disposition of property of the judgment debtor shall not be made under the judgment before the expiration of the period fixed by paragraph 8(1)(b) or the further period that the registering court may order;

             (b)  the registering court has the same control and jurisdiction over the judgment as it has over judgments given by itself; and

             (c)  the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining an exemplification or certified copy of it from the original court and of the application for registration, are recoverable in the same manner as if they were sums payable under the judgment if the costs are taxed by the appropriate officer of the registering court and his or her certificate is endorsed on the order for registration.

RSN1970 c327 s7

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Judgment registered without notice

        8. (1) Where a judgment is registered under an order without notice to the judgment debtor,

             (a)  within 1 month after the registration or within the further period that the registering court may order, notice of the registration shall be served upon the judgment debtor in the same manner as a writ of summons is required to be served; and

             (b)  the judgment debtor, within 1 month after having had notice of the registration, may apply to the registering court to have the registration set aside.

             (2)  On the application the court may set aside the registration upon the grounds mentioned in subsection 3(6) and upon those terms that the court thinks appropriate.

RSN1970 c327 s8

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Application for garnishment order

        9. (1) At the time of, or after, making an application under section 3, the applicant may further apply, without giving notice to the judgment debtor, to the registering court for an order that all debts, obligations, and liabilities owing, payable, or accruing due to the judgment debtor from the person that may be named in the application be attached.

             (2)  A judge of the registering court, upon considering the application for registration of the judgment and the certificate of the original court accompanying it, and upon production of further evidence that he or she may require, may, where the judge thinks it appropriate, make the order mentioned in subsection (1); and the order when made shall be considered to be a garnishment order before judgment, and the rules of the registering court with respect to garnishment orders shall apply to it.

1970 c327 s9

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Rules of practice

      10. The Rule Committee referred to in theJudicature Act may make Rules of Court respecting the practice and procedure, including costs, in proceedings under this Act; and, until rules are made under this section, the rules of the registering court, including rules as to costs, apply, with the necessary changes.

RSN1970 c327 s10

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Exercise of powers

      11. Subject to the Rules of Court, the powers conferred by this Act on a court may be exercised by a judge of that court.

RSN1970 c327 s11

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Reciprocating jurisdictions

      12. (1) Where the Lieutenant-Governor in Council is satisfied that reciprocal provisions will be made by a state in or outside Canada for the enforcement of a judgment given in the province, he or she may by order declare it to be a reciprocating state for the purposes of this Act.

             (2)  The Lieutenant-Governor in Council may revoke an order made under subsection (1) and then the state with respect to which the order was made ceases to be a reciprocating state for the purposes of this Act.

RSN1970 c327 s12; 1982 c9 s12

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Saving

      13. Nothing in this Act deprives a judgment creditor of the right to bring action on his or her judgment, or on the original cause of action,

             (a)  after proceedings have been taken under this Act; or

             (b)  instead of proceeding under this Act,

and the taking of proceedings under this Act, whether or not the judgment is registered, does not deprive a judgment creditor of the right to bring action on the judgment or on the original cause of action.

RSN1970 c327 s13

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Schedule

Under the Reciprocal Enforcement of Judgments Act of the
Province

Certificate

CANADA

Province of Newfoundland and Labrador

It is certified that, among the records enrolled in the court of                               at                  , before the Honourable               a Justice (Judge) of the Court, in the Procedure Book there is a record of an action, numbered as No.

BETWEEN

                                   Plaintiff(s)

and

                                   Defendant(s)

              1.  The statement of claim was issued on the        day of            , 19    , and proof was provided to this court that it was served on the defendant by delivery of a copy of it to and leaving it with the defendant.

              2.  No defence was entered, and the judgment was allowed by (proof, default, or order).

              3.  A defence was entered and judgment was allowed at the trial.

              4.  Judgment was given on the       day of                   , 19       .

              5.  Time for appeal has expired and no appeal is pending (or an appeal against the judgment was made and was dismissed by the Court of Appeal and the time for a further appeal has expired and no further appeal is pending).

              6.  Further details.

              7.  Particulars:

                           Claim as allowed      ....................$
Costs to judgment      ..................$
Subsequent costs      ....................$
Interest      ...................................$    
                                                         $..........              
Paid on     ....................................$    
And the balance remaining            
due on the judgment for                 
debt, interest and costs is                
the sum of      ..............................$..........

The particulars set out above are certified to be true.

IN TESTIMONY OF WHICH I have placed the Seal of my Court at                    onto this certificate.

WITNESS The Honourable                  a Justice (Judge) of our Court at                  this             day of                    , 19    .

SEAL

A Justice (Judge) of the Court of
or
Clerk of the Court of

RSN1970 c327 Sch; 2001 cN-3.1 s2