UNIFORM ENFORCEMENT OF CANADIAN JUDGMENTS ACT (2023)

In contrast, the common law, the Civil Code of Quebec, CQLR c CCQ-1991 and the UREJA allow the defendant significant scope to challenge, as part of the enforcement process, the jurisdiction of the rendering court. [...] In some contexts, the UECJA uses the term “enforce” as it is understood in the field of private international law, which means to make the judgment enforceable in the forum in the same manner and extent as is a domestic judgment of the forum. [...] (3) On an application under subsection (1), the court may make an order (a) setting aside the registration of or staying or limiting the enforcement of the judgment, subject to any terms and for any period the court considers appropriate in the circumstances, if (i) the person against whom enforcement is sought has brought, or intends to bring, in the province or territory where the judgment was m. [...] (4) Notwithstanding subsections (2) and (3), the [superior court of unlimited trial jurisdiction in the enacting province or territory] shall not make an order setting aside the registration of or staying or limiting the enforcement of a registered Canadian judgment solely on the grounds that (a) the court that made the judgment lacked jurisdiction over the subject matter of the proceeding that le. [...] (2) If the terms of a registered Canadian judgment do not address the issue of interest, interest is payable on the judgment in accordance with the law applicable to the calculation of inte rest on the judgment in the province or territory where the judgment was made.