Enforcing a Canadian judgment in the United States is governed by principles of comity and, in most states, by the Uniform Foreign Country Money-Judgment Recognition Act (UFCMJRA) or its predecessor, the Uniform Foreign Money-Judgments Recognition Act (UFMJRA). Here's a breakdown of the process:

1. Is the Judgment a "Money Judgment?"

• The UFCMJRA and UFMJRA primarily deal with money judgments. This means the judgment must order the payment of a specific sum of money.


• Non-monetary judgments (e.g., injunctions, specific performance orders) are more challenging to enforce and rely heavily on principles of comity. You'll need to consult with a lawyer experienced in international litigation for these.

Generally, US courts must recognize a Canadian money judgment that meets the following conditions (this varies slightly state-to-state, but here are common elements):

• Reciprocity (Less relevant now): Historically, some states required reciprocity (i.e., Canada would enforce US judgments). Most states have eliminated or downplayed the reciprocity requirement. However, some lingering doubts might exist in older case law or specific fact patterns.


• Final and Conclusive: The judgment must be final in Canada and not subject to ongoing appeals that would stay enforcement. A provisional or interlocutory judgment is generally not enforceable.


• Jurisdiction of the Canadian Court: The Canadian court must have had proper jurisdiction over the defendant according to US due process standards. This is often the most contested issue. Acceptable bases of jurisdiction include:


• Personal Service: The defendant was personally served with the summons and complaint in Canada.


• Consent: The defendant appeared in the Canadian court and submitted to its jurisdiction (e.g., by filing an answer and defending the case).


• Domicile/Residence: The defendant was domiciled or resided in Canada at the time the suit was filed.


• Doing Business: The defendant was doing business in Canada to an extent that would justify jurisdiction under US principles. This can be complex and depends on the nature and extent of the business activities.


• Notice: The defendant must have received proper notice of the Canadian lawsuit.

Even if the conditions above are met, a US court may refuse to recognize a Canadian judgment based on certain defenses. These are often fact-specific and require strong evidence:

• Lack of Impartial Tribunal/Due Process: The Canadian court proceedings did not comply with US notions of due process, or the tribunal was not impartial. This is a high bar to clear.


• Lack of Subject Matter Jurisdiction: The Canadian court lacked jurisdiction over the subject matter of the lawsuit.


• Fraud: The judgment was obtained by fraud. This must be "extrinsic fraud" (fraud that prevented the defendant from presenting its case) rather than "intrinsic fraud" (fraud going to the merits of the underlying case).


• Public Policy Violation: The cause of action or the resulting judgment violates a strong public policy of the US state where enforcement is sought. This is a narrow exception.


• Conflict with Another Judgment: The judgment conflicts with another final and conclusive judgment.


• Inconsistent with Forum Selection Clause: The Canadian action violated a forum selection clause specifying a different forum.


• Judgment is Repugnant to the Law of the State: (A rarely used, catch-all provision).


• Judgment Conflicts with a Treaty or Other International Agreement: While less common in Canada/US situations, if a treaty governed the matter, the treaty would take precedence.

• State Law Governs: Enforcement is primarily governed by the laws of the state where you are seeking to enforce the judgment.


• Uniform Acts: Most states have adopted either the UFCMJRA or the UFMJRA, which provide a streamlined process.


• Filing the Judgment: The typical procedure is to file an authenticated copy of the Canadian judgment with a state court. You'll need to follow the state's rules of civil procedure.


• Notice to the Judgment Debtor: The judgment debtor must be given notice of the filing and an opportunity to object to the recognition and enforcement of the judgment.


• Enforcement Proceedings: If the judgment is recognized, you can then take steps to enforce it as if it were a domestic judgment. This may involve:


• Garnishment: Attaching wages or other income.


• Levy: Seizing and selling the debtor's assets.


• Liens: Placing liens on real property.


• Discovery: Conducting discovery to locate the debtor's assets.

• Choice of Forum: Carefully consider which US state offers the best prospects for enforcement. Factors include the location of the debtor's assets, the debtor's residence or place of business, and the state's laws regarding judgment enforcement.


• Legal Representation: Enforcing a foreign judgment is a complex legal process. It is highly recommended to hire a US attorney experienced in international litigation and judgment enforcement in the relevant state. They can assess the viability of your claim, navigate the procedural requirements, and represent you in court.


• Costs: Enforcement can be expensive. Consider the costs of legal fees, court costs, and potential expert witness fees.


• Currency Conversion: The judgment amount will need to be converted to US dollars. The exchange rate used will typically be the rate in effect on the date of the Canadian judgment or the date of the US enforcement judgment (depending on state law and court discretion).


• Statute of Limitations: States have statutes of limitations on enforcing judgments. These vary, so it's crucial to act promptly.


• Discovery: You may need to conduct discovery to locate the judgment debtor's assets in the US. This can be a challenging process.


• Bankruptcy: If the judgment debtor files for bankruptcy in the US, your enforcement efforts may be stayed. You will need to file a proof of claim in the bankruptcy proceeding.