Acts and Regulations

R-3 - Reciprocal Enforcement of Judgments Act

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Repealed on 10 February 2015
CHAPTER R-3
Reciprocal Enforcement of
Judgments Act
Repealed: R.S.N.B. 2014, Schedule A.
Definitions
1(1)In this Act
“foreign country” means a country other than Canada and includes a portion of a foreign country;(pays étranger)
“judgment” means a judgment or order given or made by a court in a civil proceeding, whether before or after the commencement of this Act, whereby a sum of money is made payable;(jugement)
“judgment creditor” means the person by whom the judgment was obtained, and includes the executors, successors and assigns of that person;(créancier sur jugement)
“judgment debtor” means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the place where it was given;(débiteur sur jugement)
“original court” in relation to any judgment means the court by which the judgment was given;(tribunal d’origine)
“registering court” in relation to any judgment means the court in which the judgment is registered under this Act.(tribunal d’enregistrement)
Powers of judge
1(2)Subject to the rules of The Court of Queen’s Bench of New Brunswick, any of the powers conferred by this Act on any court may be exercised by a judge of the court.
R.S., c.192, s.1; 1979, c.41, s.107; 1992, c.A-10.1, s.59; 2000, c.32, s.1
Application of judgment creditor to Court of Queen’s Bench
2(1)Where any judgment has been obtained in a foreign country to which this Act applies, the judgment creditor may apply to The Court of Queen’s Bench of New Brunswick at any time within six years after the date of the judgment to have the judgment registered in that court, and on any such application the Court may, subject to the provisions of this Act, order the judgment to be registered accordingly.
2(1.1)An application made before the commencement of this subsection to have an award in proceedings on an arbitration registered under this Act may be dealt with in accordance with this Act.
Notice to judgment creditor
2(2)Where the judgment debtor was not personally served with process in the original action or did not appear or defend or otherwise submit to the jurisdiction of the original court, reasonable notice of the application shall be given to him but in all other cases the order may be made ex parte.
Registration of foreign judgments
2(3)The judgment may be registered by filing with a clerk of the registering court an exemplification or a certified copy of the judgment, together with the order for such registration, whereupon the same shall be entered as a judgment of the registering court.
R.S., c.192, s.2; 1979, c.41, s.107; 1980, c.32, s.34; 1984, c.13, s.1; 1992, c.A-10.1, s.59; 2000, c.32, s.2
Prohibition respecting registration
3No judgment shall be ordered to be registered under this Act if it is shown to the registering court that:
(a) the judgment debtor has a defence under section 5 of the Foreign Judgments Act, or
(b) the judgment debtor would have a good defence if an action were brought on the original judgment.
R.S., c.192, s.3
Effect of registration
4Where a judgment is registered under this Act,
(a) the judgment shall, as from the date of the registration, be of the same force and effect, and, subject to the provisions of this Act, proceedings may be taken thereon, as if it had been a judgment originally obtained or entered up in the registering court on the date of the registration;
(b) the registering court shall have the same control and jurisdiction over the judgment as it has over judgments given by itself;
(c) the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining an exemplification or certified copy thereof from the original court, and of the application for registration, shall be recoverable in like manner as if they were sums payable under the judgment, such costs to be first taxed by the proper officer of the registering court, and his certificate thereof endorsed on the order for registration.
R.S., c.192, s.4
Registration of ex parte order
5(1)Where registration is made upon an ex parte order, notice thereof shall be given to the judgment debtor within one month after such registration, which notice shall be served in the manner provided by the practice of the registering court for service of writs of process, or of notice of proceedings.
5(2)No sale under the judgment of any property of the judgment debtor is valid if made prior to the expiration of the period fixed by section 6 or such further period as the court may order.
R.S., c.192, s.5
Power of court respecting setting aside of registration
6(1)In all cases in which registration is made upon an ex parte order, the registering court may on the application of the judgment debtor set aside the registration upon such terms as the court may think fit.
6(2)The application shall be made within one month after the judgment debtor has notice of the registration, and the applicant is entitled to have the registration set aside upon any of the grounds mentioned in section 3.
R.S., c.192, s.6
Rules of court
7Rules of court may be made for regulating the practice and procedure, including costs, in respect of proceedings of any kind under this Act.
R.S., c.192, s.7; 1984, c.13, s.2
Recognition of judgments of foreign countries
8Where the Lieutenant-Governor in Council is satisfied that reciprocal provision has been or will be made by a foreign country for the enforcement within that foreign country of judgments obtained in The Court of Queen’s Bench of New Brunswick or the Court of Appeal, the Lieutenant-Governor in Council may, by regulation, direct that this Act applies to that foreign country, subject to such exceptions or restrictions as may be set out in the regulation.
R.S., c.192, s.8; 1979, c.41, s.107; 2000, c.32, s.3
Application of Act
9Nothing herein contained deprives a judgment creditor of the right to bring an action for the recovery of the amount of his judgment instead of proceeding under this Act.
R.S., c.192, s.9
N.B. This Act is consolidated to February 9, 2015.