Federal Courts Rules

A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for registration and enforcement in Canada of a foreign judgment granted against (name of respondent) by (name of court or tribunal) in (name of country or state) on (date). The claim made by the applicant appears on the following pages.

THIS APPLICATION is made ex parte pursuant to Rule 328 of the Federal Courts Rules and, unless the Court orders otherwise, will be disposed of in writing and without notice to the respondent.

(Date)

Issued by: (Registry Officer)

Address of local office:

Application

• 1 The applicant applies under: (indicate which of the following statutory provisions applies)

  • (a) sections 63 to 71 of the Marine Liability Act;

  • (b) the Canada-United Kingdom Civil and Commercial Judgments Convention Act;

  • (c) the United Nations Foreign Arbitral Awards Convention Act; or

  • (d) Articles 35 and 36 of the Commercial Arbitration Code, set out in the schedule to the Commercial Arbitration Act

  for registration of a foreign judgment granted against (name of respondent) by (name of court or tribunal) in (name of country or state) on (date).

• 2 The grounds for the application are:

  • (a) The judgment is one to which (specify statutory provision selected above) applies.

  • (b) (specify statutory provision selected above) do(es) not preclude registration of the judgment.

  • (c) The respondent appeared (or did not appear) before the (name of court or tribunal) that granted the judgment. (If the respondent did not appear, explain why registration is nevertheless permitted.)

• 3 The following documentary evidence is relied on in support of this application:

  • (a) an exemplified or certified copy of the foreign judgment and any reasons, including dissenting reasons, given in respect of that judgment;

  • (b) a copy (of any arbitration agreement pursuant to which the judgment was made); and

  • (c) he affidavit of (name)(see requirements of Rule 329 of the Federal Courts Rules).

• 4 The respondent in this application resides at (address).

(Date)