Two-Year Limitation Period Applies to Enforcement of Foreign Judgments in Ontario

The Court of Appeal for Ontario has confirmed that the 2-year limitation period under the Limitations Act, 2002 applies to enforcement of foreign judgments. The limitation period begins to run the earlier of when the time to appeal the foreign judgment has expired or, if an appeal is taken, the date of the appeal decision, rendering the decision as final. The limitation period may be longer if the claim was not “discovered” within the meaning of s. 5 of the Limitations Act, 2002, after the date of the appeal decision: Independence Plaza 1 Associates, L.L.C. v. Figliolini, 2017 ONCA 44 (CanLII), http://canlii.ca/t/gwxmx

I have previously argued that no limitation period should apply where the defendant judgment debtor was not resident in Ontario when the original action was commenced in the foreign jurisdiction, even if moving or returning to Ontario in this paper: Recognition and Enforcement of Foreign Judgments in Canada (January 15, 2014). Ontario Bar Association Institute 2014, ‘Internationalizing Commercial Contracts’. Available at SSRN: https://ssrn.com/abstract=2379721

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