2011-c.162 — Foreign Judgments Act

s. 1 — Definitions

The following definitions apply in this Act. R.S.1973, c.F-19, s.1; 2000, c.C-0.1, s.14

s. 1 — action

“action” includes any civil proceeding. (action)

s. 1 — defendant

“defendant” means a person who is ordered to pay a sum of money with or without costs or costs only by a foreign judgment. (défendeur)

s. 1 — foreign-country

“foreign country” means any country other than Canada and includes any portion of a foreign country. (pays étranger)

s. 1 — foreign-judgment

“foreign judgment” means a judgment or order of a court of a foreign country, whether obtained before or after the passing of this Act, by which a sum of money is with or without costs made payable or by which costs only are made payable. (jugement étranger)

s. 1 — original-court

“original court” means the court in which the foreign judgment was obtained. (tribunal d’origine)

s. 2 — Foreign courts

For the purposes of this Act, in an action in personam a court of a foreign country has jurisdiction in the following cases only: R.S.1973, c.F-19, s.2; 2000, c.C-0.1, s.14

s. 2(a) — Foreign courts

(a) if the defendant is, at the time of the commencement of the action, ordinarily resident in that country;

s. 2(b) — Foreign courts

(b) if the defendant has submitted to the jurisdiction of that court by

s. 2(b)(i) — Foreign courts

(i) becoming a plaintiff in the action,

s. 2(b)(ii) — Foreign courts

(ii) voluntarily appearing as a defendant in the action without protest, or

s. 2(b)(iii) — Foreign courts

(iii) having expressly or impliedly agreed to submit to the jurisdiction of that court.

s. 3 — New Brunswick realty and foreign courts

For the purposes of this Act, no court of a foreign country has jurisdiction: R.S.1973, c.F-19, s.3

s. 3(a) — New Brunswick realty and foreign courts

(a) in an action involving adjudication on the title to, or the right to the possession of, immovable property situated in the Province, or

s. 3(b) — New Brunswick realty and foreign courts

(b) in an action for damages for an injury in respect of immovable property situated in the Province.

s. 4 — Impeachment of foreign judgments

Subject to the other provisions of this Act, and for the purposes of this Act, a foreign judgment is conclusive as to any matter adjudicated on and shall not be impeached for any error of fact or law. R.S.1973, c.F-19, s.4

s. 5 — Action on foreign judgments

If an action is brought in the Province on a foreign judgment, it shall be a sufficient defence that: R.S.1973, c.F-19, s.5; 2000, c.C-0.1, s.14

s. 5(a) — Action on foreign judgments

(a) the original court did not have jurisdiction for the purposes of this Act;

s. 5(b) — Action on foreign judgments

(b) the defendant, being a defendant in the original action, was not duly served with the process of the original court and did not appear, even though the defendant was ordinarily resident in the foreign country or agreed to submit to the jurisdiction of that court;

s. 5(c) — Action on foreign judgments

(c) the judgment was obtained by fraud;

s. 5(d) — Action on foreign judgments

(d) the judgment is not a final judgment;

s. 5(e) — Action on foreign judgments

(e) the judgment is not for a sum certain in money;

s. 5(f) — Action on foreign judgments

(f) the judgment is for payment of a penalty or a sum of money due under the revenue laws of the foreign country;

s. 5(g) — Action on foreign judgments

(g) the judgment has been satisfied or for any other reason is not a subsisting judgment;

s. 5(h) — Action on foreign judgments

(h) the judgment is in respect of a cause of action that, for reasons of public policy or for similar reasons, would not have been entertained by the courts of this province;

s. 5(i) — Action on foreign judgments

(i) the proceedings in which the judgment was obtained were contrary to natural justice.

s. 6 — Stay of proceedings

In an action on a foreign judgment, the court on being satisfied that the defendant has taken or is about to take an appeal or other proceeding in respect of it, may, pending the determination of the appeal or proceeding, and on such terms as may be considered proper, grant a stay of proceedings. R.S.1973, c.F-19, s.6

s. 7 — Effect of foreign judgment

Nothing in this Act prevents the bringing of an action on the original cause of action in respect of which a foreign judgment was obtained. R.S.1973, c.F-19, s.7

s. 8 — Defences and estoppel

No party to any action that may be brought in any court in this Province on or with respect to an obligation that has been adjudicated on in or by judgment shall be estopped by reason only of the judgment from availing itself of any right or defence based on either law or fact that has accrued to that party after the entering of the judgment. R.S.1973, c.F-19, s.8