Reciprocal Enforcement of Judgments Act, R.S.O. 1990, c. R.5

• Jurisdiction: Ontario
• Year: 2000

Reciprocal Enforcement of Judgments Act

R.S.O. 1990, Chapter R.5

Consolidation Period: From June 22, 2006 to the e-Laws currency date.

Last amendment: 2006, c. 19, Sched. C, s. 1 (1).

Definitions

1 (1) In this Act,

“judgment” means a judgment or an order of a court in any civil proceedings whereby any sum of money is payable, and includes an award in proceedings on an arbitration if the award has, in pursuance of the law in force in the province or territory where it was made, become enforceable in the same manner as a judgment given by a court therein; (“jugement”)

“judgment creditor” means the person by whom the judgment was obtained, and includes the executors, administrators, successors and assigns of that person; (“créancier en vertu du jugement”)

“judgment debtor” means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given; (“débiteur en vertu du jugement”)

“original court”, in relation to a judgment, means the court by which the judgment was given; (“tribunal d’origine”)

“registering court”, in relation to a judgment, means the court in which the judgment is registered under this Act. (“tribunal d’enregistrement”)

Powers of court, how exercised

(2) Subject to the rules of court, any of the powers conferred by this Act on a court may be exercised by a judge of the court. R.S.O. 1990, c. R.5, s. 1.

Registration of judgment

2 (1) Where a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to any court in Ontario having jurisdiction over the subject-matter of the judgment, or, despite the subject-matter, to the Superior Court of Justice at any time within six years after the date of the judgment to have the judgment registered in that court, and on any such application the court may, subject to this Act, order the judgment to be registered. R.S.O. 1990, c. R.5, s. 2 (1); 2006, c. 19, Sched. C, s. 1 (1).

Notice of application to register

(2) Reasonable notice of the application shall be given to the judgment debtor in all cases in which the judgment debtor was not personally served with process in the original action and did not appear or defend or otherwise submit to the jurisdiction of the original court, but in all other cases the order may be made without notice. R.S.O. 1990, c. R.5, s. 2 (2).

Registration of judgment

(3) The judgment may be registered by filing with the registrar or clerk of...