In a ground-breaking decision, Mr. Justice Newbould in PT ATPK Resources TBK (Indonesia) v. Diversified Energy and Resource Corporation et al., 2013 ONSC 5913 (Ont. S.C.J.-Commercial List) (“ATPK”) held that truly foreign judgments (i.e. non-inter-provincial judgments or U.K. judgments subject to the Reciprocal Enforcement of Judgments (U.K.) Act, RSO 1990, c R.6 (as am.) (REJUKA)) are not subject to any limitation period for recognition and enforcement purposes.
In ATPK, the applicant, PT ATPK RESOURCES TBK (Indonesia) (“ATPK”) applied for “registration” and enforcement against Hopaco Properties Limited (“Hopaco”) of two judgments of the High Court of the Republic of Singapore. Of course, “registration” is a misnomer, since Canada and Singapore have not entered into any bi-lateral enforcement treaty, such that recognition or enforcement is governed under traditional Canadian conflict of laws principles. (more…)