Convention Between Government of Canada and Government of French Republic 1997

CHAPTER II - RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS

Article 3


The provisions of this chapter do not apply to maintenance.

Article 4


Judgments rendered by the courts of one Contracting State shall be recognized and may be declared enforceable or registered for the purpose of enforcement in the other Contracting State if the following conditions are met:

(a)    The judgment was rendered by a court having jurisdiction pursuant to the rules set out in Article 5 or the rules recognized in the law of the requested State;

(b)    The judgment is no longer subject to appeal in the State of origin and is enforceable; however, in matters of custody of and access to children, the judgment may be enforceable in the State of origin even on an interim basis;

(c)    In the case of a default judgment, the defendant was lawfully served or received notice of the commencement of the proceedings in sufficient time to present a defence;

(d)    The judgment is not contrary to the public policy of the requested State;

(e)    Proceedings between the same parties, based on the same facts and having the same purpose as in the State of origin:

(i)    are not pending before a court of the requested State that was seized of the matter prior to it being brought before the court of the State of origin, or

(ii)    have not resulted in a judgment rendered by a court of the requested State, or

(iii)    have not resulted in a judgment rendered by a court of a third State that meets the conditions for its recognition and enforcement in the requested State.


Article 5


The court of the State of origin shall be deemed to have jurisdiction within the meaning of this Convention if in particular:

(a)    The defendant had his or her habitual residence, if a natural person, or its principal place of business, if an artificial person, in the State of origin when the proceedings were started;

(b)    The defendant had a place of business or branch in the State of origin when the proceedings were started and was served in that State in connection with a dispute related to the activities of that place of business or branch;

(c)    In an action for damages in tort, quasi-delict or delict, the wrongful act occurred in the State of origin;

(d)    The claim is related to a dispute in connection with rights in rem in immovable property located in the State of origin;

(e)    The defendant expressly submitted in writing to the jurisdiction of the court of the State of origin;

(f)    The defendant appeared without challenging the court's jurisdiction or presented a defence on the merits;

(g)    The contractual obligation that is the subject of the dispute was or should have been performed in the State of origin;

(h)    For any question related to the validity or administration of a trust established in the State of origin or to trust assets located in that State, the trustee, settlor or beneficiary had his or her habitual residence or its principal place of business in the State of origin;

(i)    In matters of custody of and access to children, the child had his or her habitual residence in the State of origin at the commencement of the proceedings on the merits;

(j)    In matrimonial matters, both spouses had their last common habitual residence in the State of origin.

Article 6


1.    Judgments rendered by a court in Canada shall be enforced in France after having been declared enforceable there on the application of any interested party to the president of the tribunal de grande instance of the domicile of the party against whom enforcement is requested or, failing that, where enforcement is to take place.

2.    Judgments rendered by a French court shall be enforced in Canada after being declared enforceable or registered for that purpose on the application of any interested party:

(a)    to the Federal Court of Canada, in the case of a judgment relating to a matter within the jurisdiction of that Court;

(b)    to a court of a province or territory designated pursuant to Article 25, in the case of any other judgment.

3.    The procedure for securing the enforcement of the judgment shall be governed by the law of the requested State.

4.    Unless the defendant presents proof to the contrary, the findings of fact on which the court of the State of origin based its jurisdiction shall be presumed valid.

5.    The court of the requested State shall not examine the merits of the judgment.

6.    If the judgment disposed of several claims, partial enforcement may be granted.

Article 7


1.    The party requesting recognition or enforcement of a judgment shall produce:

(a)    a copy of the judgment certified by the competent authority of the court of the State of origin;

(b)    in the case of a default judgment, any document proving that the defaulting party was lawfully served or received notice of the commencement of the proceedings in due time;

(c)    any document capable of showing that, under the law of the State of origin, the judgment is enforceable and is no longer subject to appeal, except for judgments relating to custody of and access to children.

2.    If these documents are in a language other than that of the court of the requested State, they shall be accompanied by a certified translation.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018