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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