Jump to content
Chapala.com Webboard

Canadian Court Order Enforcement Act with Mexico


valbogyo

Recommended Posts

Court Order Enforcement Act: Anyone heard of judgments made in the US/Canada being enforced in Mexico?

This topic refers to personal cases, not a judgment against a foreign corporation, but court ordered money judgements against someone who has assets in Mexico. Specifically a case settled in Alberta where the defendant, a pensioner, lives in Mexico and the only real asset is their condo on the coast. It would be interesting to hear about any cases settled NOB, where the defendant has moved to Jalisco.

I did some research and noted that various Canadian Provinces have Reciprocal agreements with various Sates in the US, Australia and various other Countries but I could not find anything regarding an agreement with Mexico other than those that apply to corporations that do business under the NAFTA agreement.

I figured someone must have had experience with this.

Link to comment
Share on other sites

Court Order Enforcement Act: Anyone heard of judgments made in the US/Canada being enforced in Mexico?

This topic refers to personal cases, not a judgment against a foreign corporation, but court ordered money judgements against someone who has assets in Mexico. Specifically a case settled in Alberta where the defendant, a pensioner, lives in Mexico and the only real asset is their condo on the coast. It would be interesting to hear about any cases settled NOB, where the defendant has moved to Jalisco.

I did some research and noted that various Canadian Provinces have Reciprocal agreements with various Sates in the US, Australia and various other Countries but I could not find anything regarding an agreement with Mexico other than those that apply to corporations that do business under the NAFTA agreement.

I figured someone must have had experience with this.

If the defendant was served with the Statement of Claim in Alberta, of if absent from Alberta, submitted to the jurisdiction of the Alberta court by, for example, filing a Statement of Defense, the judgment should be enforceable outside Alberta by virtue of Reciprocal Enforcement of Judgments legislation, which applies to all reciprocating jurisdictions. I am not sure whether the jurisdiction would be Mexico or Jalisco, but there would need to be local legislation providing for reciprocal enforcement of judgments, and an acknowledgment that Alberta is a reciprocating jurisdiction in order for the Alberta judgment to be registered and enforced in Jalisco.

Typically, if the defendant is not resident in Alberta, or does not submit to the jurisdiction of the Alberta court, a judgment from Alberta would not be enforceable in another jurisdiction without commencing a new action in that jurisdiction. So, if someone moved to Jalisco before being sued, the plaintiff would typically have to sue in Jalisco. In those circumstances one would sue in Alberta if the defendant still had some assets there that could be seized, but otherwise, it could be a waste of time and money.

Reciprocal enforcement is not a formal agreement between two jurisdictions, it occurs when each jurisdiction passes a reciprocal enforcement law, which then creates the circumstances allowing for reciprocal enforcements. Look at the Alberta Reciprocal Enforcement of Judgments Act. Then find out if there is similar legislation in Jalisco, if it is a state matter, or Mexico, if it is a federal matter.

This was the state of the law 10 years ago in Alberta, and is probably the same now, since the Act is still in force.

If the issue arose in Alberta, but the defendant lives in Jalisco, International Law allows that the action can be brought in Alberta, or in Jalisco.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...