This report examines the current law on enforcement of judgments outside of Alberta. Since 1925, Alberta has had a legislative regime whereby money judgments from other specified jurisdictions could be registered with the Alberta courts. Therefore, these judgments are recognized and enforceable in Alberta. This regime has been relatively unchanged since that time. In 1990, the Attorneys General and the Ministers of Justice requested that the Uniform Law Conference of Canada (ULCC) develop uniform legislation to provide a modern legal framework for the enforcement of judgments across Canada and the harmonization of the Rules of jurisdiction. This work was bolstered by changes in the common law. The ULCC created three acts: the Uniform Enforcement of Canadian Judgments and Decrees Act; the Uniform Enforcement of Foreign Judgments Act; and the Uniform Court Jurisdiction and Proceedings Transfer Act. ALRI recommended that Alberta should: 1) Adopt these Uniform Acts together as a package. The rationale for this recommendation is that they create a legislative enforcement regime and promote certainty regarding judgment enforcement in Alberta. ALRI also proposed that this certainty would make doing business in Alberta more attractive to prospective companies. 2) Leave Alberta’s reciprocal enforcement legislation in force but amend it to limit the reciprocal enforcement legislation to situations not dealt with by the Uniform Acts.
Final Report
Back to Publication SearchEnforcement of Judgments, Final Report 94
Resource Details
Publication No: | 94 |
FORMAT: | Publications |
TAGS: | enforcement, judgement, money, jurisdiction, enforce, uniform, foreign, transfer, certainty |
FILE: | fr094.pdf |