One of the most important foreign-judgment cases in Canadian law began with a judgment written in Spanish. After an eight-year trial and two appeals, Ecuadorian courts ordered Chevron Corporation to pay US$9.5 billion, and the plaintiffs came to Ontario to enforce it.
In 2015 the Supreme Court of Canada used that case, Chevron Corp. v. Yaiguaje, to settle a point every creditor cares about: the Ontario court had jurisdiction to hear the enforcement action without proof of a real and substantial connection between Ontario and the debtor or the dispute. (The plaintiffs later failed to reach the Canadian subsidiary's assets: Yaiguaje v. Chevron Corporation, 2018 ONCA 472.)
Most files are smaller: a Polish commercial judgment, a German payment order, a Brazilian damages award. Each meets the same hurdle before any argument: the judge must be able to read the judgment, its reasons, the proof that it is final and the proof that the debtor was served.
How do you enforce a foreign judgment in Canada?
You ask a provincial superior court to recognize it; the route depends on the province and the judgment's country of origin.
1. An action on the judgment (common law). As the Supreme Court later summarized Morguard Investments v. De Savoye (1990), courts should enforce judgments of another province "if that court had properly exercised jurisdiction in the action, namely that it had a real and substantial connection with either the subject matter of the action or the defendant." Beals v. Saldanha, 2003 SCC 72, extended that test to foreign judgments, in a case about a Florida judgment against Ontario residents. The debtor can raise the defences of fraud, natural justice and public policy, and the list is not closed.
Chevron added that no connection between the enforcing province and the dispute or the debtor is required, and Ontario's rule 17.02(m) lets a claim "on a judgment of a court outside Ontario" be served outside Ontario without leave.
2. Registration under a reciprocal statute. Some provinces register judgments from designated "reciprocating" jurisdictions without a full action:
- British Columbia. The Court Order Enforcement Act lists the other provinces and territories except Quebec, most Australian states and territories, Washington, Alaska, California, Oregon, Colorado and Idaho, Germany and Austria. Registration must be sought within 10 years after the judgment became enforceable (s. 29).
- Alberta. The Reciprocal Enforcement of Judgments Act covers the other provinces and territories except Quebec, the Commonwealth of Australia and Washington, Idaho, Montana and Arizona, with a six-year window (s. 2).
- Ontario. Its Reciprocal Enforcement of Judgments Act covers only Canadian provinces and territories, so other foreign judgments, apart from UK judgments under the convention, are enforced by action.
- United Kingdom. The Canada-UK convention allows registration within six years of the judgment.
3. Quebec's Civil Code. A decision rendered outside Québec "is recognized and, where applicable, declared enforceable" unless article 3155 applies: no jurisdiction, a decision that is not final, a breach of "the fundamental principles of procedure", or an outcome "manifestly inconsistent with public order". The court does not review the merits (article 3158).
The Federal Court can also register judgments, but only under the Marine Liability Act or the Canada-UK convention, and it recognizes arbitral awards (Federal Courts Rules, rule 326).
What documents does a Canadian court need?
The court must be able to decide jurisdiction, finality and fairness:
| Document | Why the court needs it | Where it is required |
|---|---|---|
| Certified or exemplified copy of the judgment | Proves the judgment exists and what it orders | BC r. 19-3(3); Federal Courts r. 329(2); Quebec CCP art. 508 |
| Reasons for judgment, including dissenting reasons | Show the basis of jurisdiction and how the case was heard | Federal Courts r. 329(2) |
| Certificate that the judgment is final or enforceable | No recognition while an ordinary appeal is open | Quebec CCP art. 508; Federal Courts r. 329(1)(h) |
| Proof of service, for a default judgment | The debtor must have been properly notified | Quebec CCQ art. 3156 and CCP art. 508; Federal Courts r. 329(3); BC r. 19-3(3) |
| Originating claim and other pleadings | Show what the debtor was told and the foreign court's link to the case | Practical evidence in an action on the judgment |
| Interest and currency information | The amount owing must be converted to Canadian dollars | Federal Courts rr. 329(1)(e)-(f), 331; Quebec CCQ art. 3161 |
Ontario's Evidence Act lets judgments of courts of record in a short list of places, including England, Scotland, Ireland, other provinces and American states, "be proved by an exemplification of the same under the seal of the court." For other countries, an apostille from the issuing state is a simple way to authenticate the official's signature and seal; Canada has been a party to the Apostille Convention since January 11, 2024. See apostille explained.
How must the documents be translated?
Completely, by an independent translator, and in the form the route requires:
| Route | Translation rule |
|---|---|
| Action on the judgment in Ontario | Courts of Justice Act s. 125(2)(b): translation "certified by affidavit of the translator" |
| Registration in BC (for example a German or Austrian judgment) | Supreme Court Civil Rules r. 19-3(3): "a certified translation of the judgment or certificate if made in a language other than English" |
| Registration in Alberta | Reciprocal Enforcement of Judgments Act s. 4: a translation "approved by the Court" |
| Recognition in Quebec | Code of Civil Procedure art. 508: "a translation certified in Québec", in French if the applicant is a legal person |
| Registration in the Federal Court | Federal Courts Rules r. 68: translation and "an affidavit attesting to the accuracy of the translation" |
Quebec requires a Quebec certification. Since Bill 96 (2022), article 508 also requires French where the applicant is a legal person, such as a company. Official Translations is not a member of OTTIAQ and its translations are not certified in Québec, so they do not meet article 508.
Translation can run in both directions. After the Federal Court registers a foreign judgment, rule 333 requires the creditor to serve the order on the debtor "together with a translation of the order in the language of the judgment or award, and an affidavit attesting to the accuracy of the translation." An English order may need translating back into Korean, Spanish or Polish.
What a court-ready translation of a judgment shows
- The reasons, not just the operative part. The jurisdiction, natural justice and public policy defences are argued from the reasons.
- Every stamp and certificate. Finality notes such as German rechtskräftig, Spanish firme or ejecutoriada, Portuguese trânsito em julgado and Russian вступило в законную силу ("entered into legal force") are often the most important words on the page.
- Amounts exactly as written. Keep the currency and every figure, and flag the decimal separator: "1.250.000,00" in a European judgment is one and a quarter million.
- Party names as in their identity and corporate documents, with legal forms such as GmbH or Sp. z o.o. left untranslated.
- Translator's notes for terms with no Canadian equivalent, rather than silent substitutions.
Sample translator's affidavit for a judgment set
How are foreign arbitral awards enforced?
Through the New York Convention, implemented by provincial statutes. Its article IV requires the award and the arbitration agreement and, if they are not in an official language, "a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent."
Canada has no court-appointed sworn translators of the European kind, and the provinces add their own wording. Ontario's International Commercial Arbitration Act, 2017 gives force to the Model Law, under which "the court may request the party to supply a translation", and sets a 10-year limit from the award (s. 10). BC's Act requires "a duly certified translation of it into an official language" (s. 35(3)), and Quebec's Code of Civil Procedure requires "a translation certified in Québec" (art. 652).
Ask counsel which form the court will expect. Where it insists on a provincially certified translator, a Quebec certification or a consular certification, an Official Translations translation does not meet the requirement.
Why enforcement files stall
- Only the operative part was translated. Without the reasons, the court cannot assess jurisdiction or natural justice.
- No finality certificate, or an untranslated one. Quebec and the Federal Court both ask for proof that no ordinary appeal is open.
- A default judgment without translated proof of service. Article 3156 of the Civil Code makes proper service a condition of recognition.
- An ordinary certified translation in a Quebec file. Article 508 asks for a Quebec certification, and French for companies.
Checklist: before you file to enforce a foreign judgment
Questions people ask
Does a foreign judgment apply automatically in Canada?
No. A creditor must ask a Canadian court to recognize it, by an action on the judgment, registration under a reciprocal statute, or recognition under Quebec's Civil Code. Until then, the judgment cannot be used to seize assets in Canada.
How long do I have to enforce a foreign judgment in Ontario?
Two years, under the Ontario Court of Appeal's 2017 decision in Independence Plaza 1 Associates v. Figliolini, starting at the earliest when the time to appeal expires or the appeal is decided. Registration windows elsewhere differ: 10 years in BC and six years in Alberta.
Do I need to translate the whole judgment, including the reasons?
Yes. The debtor's defences turn on the reasons, and the Federal Courts Rules expressly require the reasons, including any dissent, with the judgment. An extract invites a demand for the rest and delay.
What if the foreign judgment was a default judgment?
You must show the debtor was properly served. Quebec's Civil Code requires proof of service under the law of the place where the decision was rendered, and the Federal Court and BC rules also ask for service evidence. Translate it along with the judgment.
Does the foreign judgment need an apostille?
No rule quoted here requires one, but the court must be satisfied the copy is genuine. Ontario's Evidence Act accepts an exemplification under the court's seal from a short list of mostly common-law jurisdictions. For judgments from other countries, an apostille from the issuing state is a simple way to authenticate the copy.
Who can translate documents for a Quebec recognition application?
Article 508 of the Code of Civil Procedure requires "a translation certified in Québec", and the translation must be in French if the applicant is a legal person. Use a Quebec certified translator; Official Translations' translations do not meet this requirement.
How much does it cost to translate a foreign judgment, and how long does it take?
Official Translations charges CA$39.95 per page of up to 300 words, plus CA$24.95 per document for the translator's sworn affidavit. A one-page certificate is usually delivered as a signed PDF within 24 hours, and longer judgments take one to three business days.
