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15 Nw. J. Int'l L. & Bus. 491 (1994-1995)
Enforcing U.S. Judgments in Canada: Things are Looking Up

handle is hein.journals/nwjilb15 and id is 499 raw text is: Enforcing U.S. Judgments in Canada: Things Are Looking Up! Ivan F. Ivankovich* I. INTRODUCTION Four years have now elapsed since the landmark decision in Morguard Investments Ltd. v. De Savoye,1 a case most recently de- scribed as the most important decision on the conflict of laws ever rendered by the Supreme Court of Canada.2 The domestic impact of Morguard has been truly profound. It has been used by some courts to broaden the common law grounds for the recognition and enforce- ment of Canadian extraprovincial judgments3 and by others to man- date such recognition via the existence of an implicit full faith and credit doctrine in the Canadian Constitution. The result is that many more intra-Canadian judgments are being recognized and enforced in Canada. Taken alone, this would be of limited interest to most Ameri- can judgment creditors. What is of major interest is the extent to which Morguard has been used to date to broaden the basis for the recognition and enforcement of United States judgments and the prognosis for continued evolution in that direction.4 Because Canada * Associate Professor of Business Law, Faculty of Business, University of Alberta. 76 D.L.R.4th 256 (Can. 1990). 2 J. Ziegel, Introduction, Symposium: Recognition of Extraprovincial and Foreign Judg- ments: The Implications of Morguard Investments Ltd. v. De Savoye, 22 CAN. Bus. W. 1, 2 (1993). 3 The term Canadian extraprovincial judgment is used to denote a judgment rendered by a court of another Canadian province or territory. 4 Recognition of a foreign judgment occurs when a court in a Canadian province or terri- tory deems a particular matter conclusively decided by the foreign court. Enforcement occurs when the local court grants the relief provided by the foreign judgment. Recognition must pre- cede enforcement because a foreign judgment is not directly enforceable in a Canadian province or territory without first being reduced to a judgment of a local court. The same distinction

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