Acting for U.K. Clients and with U.K. Solicitors in Ontario Canada Litigation

Some of our lawyers have experience acting for clients located in Europe, sometimes in proceedings requiring urgent court ordered remedies for the recovery or preservation of assets.  We have acted in large and often complex debt recovery for foreign clients.

Serving a Defendant Located in Ontario (Lawsuit not in Ontario) and Collecting Evidence in Ontario

We can assist your local counsel in your local litigation with matters including, valid service on the Defendant located in Ontario, examination and other court proceedings for the collection of evidence in Ontario (in-coming letters of request or letters rogatory), opinions on the laws of Ontario and Canada, as may be required, and the enforcement of a foreign judgment in Ontario.

Suing Foreign Defendants in Ontario Courts

Often a plaintiff connected to Ontario wishes to commence proceedings in Ontario naming some or all defendants who are located in a foreign jurisdiction, outside the province of Ontario. 

Recent decisions of the Supreme Court of Canada have clarified the test that the courts must use to determine if there exists the necessary “real and substantial connection” between the jurisdiction and the subject litigation. These cases set out that the onus in such cases is upon the plaintiff to establish the defined (though not comprehensive) presumptively connecting factors, after which the onus shifts to the defendants to rebut the strength of the connections. If the court does find it has jurisdiction, the defendants may then seek to persuade the court it should not exercise that jurisdiction, because on application of the doctrine of forum non conveniens, there is elsewhere a clearly more convenient forum.

Whether plaintiff or foreign defendant in such a case, you require the consideration of a lawyer experienced in matters concerning the jurisdiction of the court and the factors considered on a jurisdictional challenge.

Multi-Jurisdiction Civil Legal Proceedings

Sometimes clients find that they are involved in multiple proceedings in different jurisdictions involving the same subject matter. Other times one party may seek arbitration and the other prefers legal court proceedings. This will require early legal advice of lawyers competent to advise in each jurisdiction. While we have lawyers who have practiced law in other jurisdictions, we practice and advise only on the laws of Ontario, and Canada.

Working with lawyers in your jurisdiction the most appropriate jurisdiction for the dispute and considerations concerning the enforceability of a judgment can be determined.

International Arbitration

With the growth of international commercial activity many disputes are now referred to international arbitration. Early advice about the forum, proper law and location of the arbitration is required.  Early review of the notice of arbitration is required to ensure that the disputes or claims are properly referred to arbitration.  Assistance with the challenge or appointment of an arbitrator may be required at an early stage.

Through the adoption of international conventions on the enforcement of foreign arbitral awards, the enforceability of a foreign arbitration award has become easier in many instances.

Enforcement of U.K. Judgments and Arbitration Awards in Ontario, Canada

We are frequently consulted about the enforcement of money judgments and arbitration awards obtained in jurisdictions other than Ontario.

Enforcing U.K. Judgments

Reciprocal Enforcement of Judgments (U.K.) Act, R.S.O. 1990, c. R.6

By enactment of the Convention Between Canada And The United Kingdom Of Great Britain And Northern Ireland Providing For The Reciprocal Recognition And Enforcement Of Judgments In Civil And Commercial Matters in the Reciprocal Enforcement of Judgments (U.K.) Act, R.S.O. 1990, c. R.6, a judgment creditor having obtained a judgment in the U.K. may apply to at any time within six years after the date of the judgment, to have the judgment registered in Ontario – and on registration, the judgment has the same force and effect as if it had been a judgment originally obtained or entered in the Ontario court.

Enforcing U.K. | International Arbitration Awards

Canada acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1986 (the “UNCITRAL Model Law”) declaring that it would apply the Convention only to differences arising out of legal relationships, whether contractual or not, that were considered commercial under the laws of Canada, except in the case of the Province of Quebec where the law did not provide for such limitation.

In Ontario, if the International Commercial Arbitration Act, R.S.O. 1990, c. I.9 applies, then it provides that the UNCITRAL Model Law (and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards as is contained in the UNCITRAL Model Law) is the law of Ontario.  Article 35 of the UNCITRAL Model Law requires the recognition and enforcement of the award, subject to the exceptions described in Article 36.  We may also, if necessary, consider the applicability of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Enforcement of UK Injunctions, Equitable Orders and Non-Monetary Judgments in Ontario, Canada

The Courts in Ontario may in the required circumstances recognize and enforce foreign equitable orders such as foreign injunctions (not just foreign money judgments).

The following factors are considered in determining recognition and enforceability of a foreign injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected ; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

Such factors are in addition to the usual considerations reviewed by courts in Ontario when asked to recognize a foreign judgment.

International Experience | Local Counsel

We have strength and experience in advising foreign clients involved in litigation or arbitration in Ontario and across its borders..

We are often consulted by those located abroad, and in the past have been consulted by or retained in litigation by those (or matters located) in England, the Netherlands, Norway, Sweden, Denmark, Italy, Switzerland, Germany, Greece, Cyprus, Malta, Monaco, Guyana, Liberia, South Africa, Angola, The Bahamas, Bermuda, British Virgin Islands, Dominican Republic, Dubai, United Arab Emirates, Iran, Kuwait, India, Bangladesh, South Korea, Hong Kong, PRC and Australia.   Some of our lawyers have been admitted and practised law in foreign jurisdictions (including England, Bermuda and New York), have both foreign and local legal education, including in the U.S. and U.K.

International Contact

Some of our lawyers have been admitted and practiced law in foreign jurisdictions, have both foreign and local legal education, and a number of our lawyers and law clerks speak languages including French, Japanese, Portuguese, Italian, Russian and Cantonese.

Please contact us for an initial consultation.