The Convention between Canada and the United Kingdom For The Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, 1984, [the “Convention”]   applies to judgments rendered by the Federal Court of Canada and all reciprocating common law provinces and territories. In Ontario, the Convention is called the Reciprocal Enforcement of Judgments (U.K.) Act, RSO 1990, c R.6 [“REJUKA”] which is the only bi-lateral enforcement convention to which Ontario is a party. REJUKA does not apply to the following types of orders or judgments:
(a) orders for the periodic payment of maintenance;
(b) the recovery of taxes, duties or charges of a like nature or the recovery of a fine or penalty;
(c) judgments given on appeal from decisions of tribunals other than courts;
(d) judgments which determine
(i) the status or legal capacity of natural persons;
(ii) custody or guardianship of infants;
(iii) matrimonial matters;
(iv) succession to or the administration of the estates of deceased persons;
(v) bankruptcy, insolvency or the winding up of companies or other legal persons;
(vi) the management of the affairs of a person not capable of managing his own affairs.
REJUKA provides for a “simple and rapid” procedure for registration of the UK judgment, without having to commence a civil action on the original debt. Article IV sets out the various grounds for refusal or setting aside registration of the UK judgment. Article V deals with establishing jurisdiction of the UK court in granting the original UK judgment.
The relative ease of enforcing UK judgments under REJUKA is highlighted in the Court of Appeal for Ontario decision in Tarlo Lyons v. Gauthier, 2012 ONCA 39 (CanLII) (S.C.C. application for leave to appeal denied, (34723) , July 12, 2012). The appeal panel’s brief endorsement reads: (more…)