February 25, 2013

The Recognition and Enforcement of Foreign Judgments in New Brunswick: The Path Through Murky Water

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Businesspersons and other litigants exhaust time, money and human resources to establish their right to a sum of money by obtaining a judgment in court. Once a judgment is obtained, the party owed becomes the judgment creditor, the party owing becomes the judgment debtor and the amount owing becomes the judgment debt. Often, not even a court decision against a judgment debtor will ensure the debtor will pay up. It is therefore crucial that the next steps to enforcing a judgment be prompt, certain and effective. Unfortunately, these steps are not simple. For that reason, we offer this paper in an attempt at clarifying how to enforce in the Province of New Brunswick, a judgment rendered in another jurisdiction.

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Cox & Palmer publications are intended to provide information of a general nature only and not legal advice. The information presented is current to the date of publication and may be subject to change following the publication date.