Real and Substantial Connection - Enforcement of Foreign Judgments

Enforcement of Foreign Judgments

The test is primarily used to determine whether a Canadian court will recognize a foreign judgment where there was service ex juris. Courts will usually recognize a judgment from a foreign province or nation where the claimant shows that there is a real and substantial connection between the subject matter of the litigation or the damages suffered and the jurisdiction issuing the judgment.

The foreign judgment must be final and the foreign court no longer has any power to change or rescind it.