Are you looking for help with the enforcement of foreign judgments? Recognition of a foreign court order can be complicated.
Our affordable lawyers can also help you over Skype regardless of where you are in Ontario or BC. There are a few different situations where they can help you once a judgment was obtained.
This can be for any kind of judgment, family law, business law, or another area of law. If you don’t have a judgment yet, see how civil procedures work in Canada.
Foreign judgments need to be recognized by the Polish court. It normally means checking if the judgment complies with the principles of Polish law. Sometimes it is easy when we talk about loans.
It is not easy with more complicated stuff. Can you sue in Canada a Polish company that has no presence in Canada? Let’s say the company only has a presence in Poland. Read on to discuss.
Recognition Of A Foreign Court Order
The lawyer can help you get recognition of a foreign court order in Canada. You can then proceed to collect on the assets or bank account of that person.
Our lawyers can assist with fighting the enforcement of a judgment from another country. A foreign judgment is entered into another province or another country.
A countries court only has the ability to make decisions for its own country. Now due to globalization, many companies work with people from around the world.
If someone has their contract broken from someone in another country, they need a way to enforce the contract.
People can easily jump on a plane these days and be back in their home country within 24 hours. That creates a problem. Countries have worked together to make sure there is legal fairness for all.
It’s also important that someone doesn’t start a lawsuit in many countries about the same legal matter.
This is different than extradition law. That only deals with criminal law matters.
Enforce A Foreign Judgment
One of our lawyers can help you enforce your Canadian court order in another country. This would be done by working with a lawyer in that other country.
In this article, we will mostly explore someone who got a $100,000 court order for defamation in Canada. The plaintiff is in Canada, and the defendant is in Poland. Therefore, the goal is to enforce Canadian court rulings in Poland.
The plaintiff filed a notice of claim in the BC Supreme Court. The defendant had 49 days to respond and was served at his business in Warsaw, Poland.
In order to get the Canadian judgment recognized in another country, there will have to be an agreement between Canada and that other agreement.
Alternatively, the foreign courts will have to accept the judgment from the Canadian court. Poland practices civil law so there are some differences from Canada.
If you need help with the enforcement of foreign judgments, book a time to speak to a lawyer.
Enforcement Of Foreign Judgments and Foreign Jurisdiction
The goal here would be to get the courts in Warsaw to create a similar or exact court order as the Canadian courts. The first step is to get the Canadian court order recognized. The next step is to enforce it.
This could be seizing assets in Poland. It could also mean getting payments from that person’s bank account. The Poland court could make whatever decision they seem is fit.
It will, of course, be necessary to hire a business lawyer in Warsaw to get the Canadian judgment recognized and enforced.
The courts in Poland will want to see that there is a final court order in Canada before looking at it.
The courts will also want to see that the defendant was properly served in Poland and knew their rights and obligations under Canadian law.
Enforcement Of Arbitration Awards
Poland signed the agreement during the Lugano Convention. This was for the Jurisdiction and Enforcement of Court Judgments in Civil and Commercial Matters.
It depends on the type of claims whether the Canadian court judgment will be enforceable in Poland.
A lot of people use arbitration for international business. That is because the enforcement of arbitration awards is generally accepted by most countries.
It is easier to enforce a money judgment if the countries practice the same area of law. For example, most of Canada and Australia practice common law. However, Quebec practices civil law, and so does Poland.
So is it possible to enforce the Canadian ruling in Poland? Yes, but it requires the commencement of court proceedings for the declaration of enforceability of foreign awards.
So you need to provide the Polish court with the final legalized ruling which is also enforceable in Canada. Further, you must provide a certificate of its legal validity and the sworn translation thereof.
Jurisdiction Over The Defendant And Enforcement Of Foreign Judgments
In case the defendant is passive in the trial, which takes place in Canada, you also need to file with the Polish court the proof of a receipt of the summons by the defendant in Poland.
Once the Polish court issues the ruling stating enforceability of the Canadian award one may start the real enforcement procedure and ask the bailiff to search for and seize the assets of a debtor.
Please take into account that the defendant may present his standpoint in the course of proceedings. They might ask the court to reject the motion for the declaration of enforceability.
It is also crucial to indicate the real address of the other party. In the case of companies, it is not a problem but sometimes the assets of natural persons are hardly identified.
The costs of the lawyer’s assistance depend on its scope and the amount to be collected.
Get help with the enforcement of foreign judgments. Reach out to a lawyer today. It’s best to hire a lawyer as there is a lot of rules that go with international business law.
For example, the recognition of foreign judgments. It’s best to hire a lawyer in Canada that can work with the foreign court directly.
How Hiring a Litigation Expert May Increase Your Damages
The role of a litigation expert is to provide consultancy services and testimony in federal and state courts.
They can be an alternative perspective for either a plaintiff or defence to cover parts of a case that may otherwise be left out.
Litigation consultants can impact a case with their expertise, but they may also be able to increase the quantum of damages in some surprising ways. Read on to find out how.
A lawyer can help with the following legal services
- recognition of a foreign
- jurisdiction over the defendant
- foreign arbitration awards
- money judgment
- enforcement of arbitration awards
- enforce a judgment
- foreign jurisdiction
- convention on the recognition and enforcement of foreign arbitral awards
- enforcement of foreign arbitration
- uniform foreign money judgments
- dealing with a foreign court
- recognition of foreign judgments
Increasing Your Winning Odds
Receiving litigation consulting in federal and state courts from the likes of The Knowles Group may increase your winning odds.
This alone may be enough to increase the number of your damages because there is always a chance you may not receive anything at all.
They can refine cases, create focus groups, prepare case witnesses, and even establish mock trials to make sure everyone is ready. These steps may ensure your case has fewer mistakes, which may alter the outcome in your favour.
Enforcement Of Foreign Judgments
If you’re worried about the strength of your case due to a lack of lay witnesses, expert witnesses or case complications, a litigation expert can help.
The difference between testifying and consulting is that one consults on a case pre-trial, while the other will testify in court. A litigation consultant can assume one role or the other.
When you spend money to hire a litigation expert for business, real estate, or something else, you can benefit from whatever role will strengthen your case.
As you likely know, the stronger a case, the higher your chances of winning and receiving compensation. When trying to enforce foreign judgments, you need a litigation consultant, which in many countries is simply a lawyer. Some countries prefer to call them consultants.
Their Discovery Skills Are Second to None
Not every lawsuit will be an open and shut case. Sometimes, they are complex enough that they last for several months or even years. The more evidence there is, the easier it is for something to fall through the cracks.
If you hire a consultant who is an expert in the subject of the case, they can be a fresh pair of eyes to determine which part of the case you should focus on.
If there are some incredibly challenging pieces of evidence to discuss, they can break them down into concepts that are easy to understand.
They Can Strengthen Your Claims
If you are making claims in a case going to trial, then you need to be able to back them up with evidence.
Otherwise, your case can appear weak and may not result in the win and compensation you had hoped for.
Consulting experts can perform tests and experiments that relate to their area of expertise.
For example, if a plaintiff is stating that their car tires blew up after a mechanic inflated them too high, they can carry out such a test using their tire and vehicle experience to determine that possibility.
Enforcement Of Foreign Judgments
With evidence to reaffirm any claims you make and loose ends tied up, you may be able to increase your quantum of damages due to having an airtight case.
A lawyer’s job is to put forward a solid case that is believable to a judge and jury. They can’t always do that alone.
To increase your chance of a win and potentially even the damages amount, consider aligning yourself with an expert litigation consultant.
Author: Alistair Vigier is the CEO of ClearWay Law