Acts and Regulations

F-19 - Foreign Judgments Act

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Repealed on 1 September 2011
CHAPTER F-19
Foreign Judgments Act
Repealed: R.S.N.B. 2011, Schedule A
Definitions
1In this Act
“action” includes any civil proceeding;(action)
“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)
“foreign country” means any country other than Canada and includes any portion of a foreign country; (pays étranger)
“foreign judgment” means a judgment or order of a court of a foreign country, whether obtained before or after the passing of this Act, whereby a sum of money is with or without costs made payable or whereby costs only are made payable;(jugement étranger)
“original court” means the court in which the foreign judgment was obtained.(tribunal d’origine)
R.S., c.90, s.1; 2000, c.C-0.1, s.14
Foreign courts
2For the purposes of this Act, in an action in personam a court of a foreign country has jurisdiction in the following cases only:
(a) where the defendant is, at the time of the commencement of the action, ordinarily resident in that country;
(b) Repealed: 2000, c.C-0.1, s.14
(c) where the defendant has submitted to the jurisdiction of that court
(i) by becoming a plaintiff in the action,
(ii) by voluntarily appearing as a defendant in the action without protest, or
(iii) by having expressly or impliedly agreed to submit thereto.
R.S., c.90, s.2; 2000, c.C-0.1, s.14
New Brunswick realty and foreign courts
3For the purposes of this Act, no court of a foreign country has jurisdiction:
(a) in an action involving adjudication upon the title to, or the right to the possession of, immovable property situate in the Province, or
(b) in an action for damages for an injury in respect of immovable property situate in the Province.
R.S., c.90, s.3
Impeachment of foreign judgments
4Subject to the other provisions of this Act, and for the purposes of this Act, a foreign judgment is conclusive as to any matter adjudicated upon and shall not be impeached for any error of fact or law.
R.S., c.90, s.4
Action on foreign judgments
5Where an action is brought in the Province upon a foreign judgment, it shall be a sufficient defence:
(a) that the original court had not jurisdiction for the purposes of this Act;
(b) that the defendant, being a defendant in the original action, was not duly served with the process of the original court and did not appear, notwithstanding that he was ordinarily resident in the foreign country or agreed to submit to the jurisdiction of that court;
(c) that the judgment was obtained by fraud;
(d) that the judgment is not a final judgment;
(e) that the judgment is not for a sum certain in money;
(f) that the judgment is for payment of a penalty or a sum of money due under the revenue laws of the foreign country;
(g) that the judgment has been satisfied or for any other reason is not a subsisting judgment;
(h) that the judgment is in respect of a cause of action that, for reasons of public policy or for some similar reasons, would not have been entertained by the courts of this province;
(i) that the proceedings in which the judgment was obtained were contrary to natural justice.
R.S., c.90, s.5; 2000, c.C-0.1, s.14
Stay of proceedings
6In an action on a foreign judgment, the court upon being satisfied that the defendant has taken or is about to take an appeal or other proceeding in respect thereof, may from time to time, pending the determination of the appeal or proceeding, and upon such terms as may be deemed proper, grant a stay of proceedings.
R.S., c.90, s.6
Effect of foreign judgment
7Nothing in this Act prevents the bringing of an action upon the original cause of action in respect of which a foreign judgment was obtained.
R.S., c.90, s.7
Defences and estoppel
8No party to any action that may be brought in any Court in this Province upon or with respect to an obligation that has been adjudicated on in or by judgment shall be estopped by reason only of such judgment from availing himself of any right or defence based on either law or fact that has accrued to such party subsequent to the entering of such judgment.
R.S., c.90, s.8
N.B. This Act is consolidated to September 1, 2011.