Acts and Regulations

88-206 - Procedures

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 88-206
under the
Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (Canada‒United Kingdom) Act
(O.C. 88-820)
Filed September 22, 1988
Under section 6 of the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (Canada–United Kingdom) Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the Procedures Regulation – Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (Canada–United Kingdom) Act.
2018-38
2In this Regulation
“Act” means Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (Canada–United Kingdom) Act;(Loi)
“Court” means The Court of King’s Bench of New Brunswick.(Cour)
2018-38; 2023, c.17, s.234
3This Regulation applies to a judgment of a court of the United Kingdom that may be registered in a court of Canada in accordance with Schedule A of the Act.
4(1)An application for registration in New Brunswick of a judgment shall be made to the Trial Division of the Court in any judicial district.
4(2)An application referred to in subsection (1) shall be made without notice and shall be supported by an affidavit
(a) referring to and accompanied by
(i) a certified copy of the judgment together with such documentary evidence as may be required to show that, according to the law of the territory of origin, the judgment is enforceable and has been served, and
(ii) where there is a default judgment, the original or a certified copy of the document establishing that the party in default was served with the document instituting the proceedings or with an equivalent document;
(b) stating
(i) whether or not the judgment provides for the payment of a sum of money, and
(ii) whether or not interest is recoverable on the judgment or part of the judgment in accordance with the law of the territory of origin and, if interest is recoverable, the applicable rate of interest, the date from which interest is recoverable and the date, if any, on which such interest ceases to accrue;
(c) giving an address within New Brunswick for service on the applicant and stating, so far as it is known to the applicant, the name and usual or last known address or place of business of the person against whom the judgment was given; and
(d) stating to the best of the knowledge or belief of the applicant
(i) the grounds on which the right to enforce the judgment is vested in the applicant, and
(ii) that the judgment or part of the judgment in relation to which the application for registration is made remains unsatisfied at the date of the application.
5(1)An order for registration of a judgment shall
(a) be drawn up by or on behalf of the applicant for registration,
(b) state the period within which an application to set aside the order may be made, and
(c) contain a notification that the judgment shall not be enforced until
(i) where no application to set aside the order has been made, after the expiration of the period referred to in paragraph (b),
(ii) if the period referred to in paragraph (b) has been extended by the Court, after the expiration of the extended period, or
(iii) where an application to set aside the order has been made, the application to set aside the order has been determined.
5(2)Nothing in paragraph (1)(c) shall be construed so as to prevent the making of a request for preservation of assets pending final determination of any issue relating to enforcement of the judgment.
6Upon receipt of an order for registration of a judgment, the clerk of the judicial district in which the application for registration is made shall
(a) assign to the order a court file number in the same manner as an originating process under the Rules of Court,
(b) enface on the original and a certified copy of the order the court file number and the date of registration,
(c) return the original order to the applicant and retain and file the certified copy, and
(d) enter the judgment in the index book in which judgments of the Court are entered under the Rules of Court.
7(1)A notice of registration of a judgment shall be served by or on behalf of the applicant on the person against whom judgment was given by delivering it to that person personally, by sending it to that person at the usual or last known address or place of business of the person or in such other manner as the Court may direct.
7(2)Service outside New Brunswick of a notice of registration of a judgment referred to in subsection (1) may be made without a court order.
7(3)A notice of registration of a judgment referred to in subsection (1) shall state
(a) full particulars of the registered judgment and of the order for registration of the judgment,
(b) the name of the applicant for the registration of the judgment and the applicant’s address for service within New Brunswick,
(c) the right of the person against whom the judgment was given to apply to have the order for registration of the judgment set aside, and
(d) the time period within which an application to set aside the order for registration of the judgment may be made.
8(1)A person affected by an order for registration of a judgment may apply by Notice of Motion under the Rules of Court within the time period specified in the notice of registration of the judgment to have the order for registration of the judgment set aside.
8(2)Where possible, a motion under subsection (1) shall be made to the judge who made the order for registration of the judgment.
8(3)Upon a motion being made under subsection (1), an order for registration of a judgment
(a) shall be set aside on any of the grounds specified in paragraph 1 of Article IV of Schedule A of the Act, and
(b) may be set aside on any of the grounds specified in paragraph 2 of Article IV of Schedule A of the Act.
9(1)A judgment registered under Article III of Schedule A of the Act shall not be enforced until
(a) where no application to set aside the order for registration of a judgment has been made, after the expiration of the period provided for in subsection 5(1),
(b) if the period provided for in subsection 5(1) has been extended by the Court, after the expiration of the extended period, or
(c) where an application to set aside the order for registration of a judgment has been made, the application to set aside the order has been determined.
9(2)An enforcement order for a judgment registered under Article III of Schedule A of the Act shall have attached to it the original of the affidavit of service of notice of registration of the judgment and a certified copy of any order made by the registering court in relation to the judgment.
10Nothing in this Regulation shall be construed so as to prevent a court from granting a request for preservation of assets pending final determination of any issue relating to enforcement of a judgment.
11Except where inconsistent with the provisions of this Regulation and of the Act, the Rules of Court apply to proceedings under this Regulation.
12This Regulation comes into force on November 1, 1988.
N.B. This Regulation is consolidated to June 16, 2023.