CANADA Law and Practice Contributed by: Craig Ferris KC, Marko Vesely, Shannon Hayes and Codie Chisholm, Lawson Lundell LLP
9.3 Pre-judgment and Post-judgment Interest The provinces have statutory regimes for the provision of pre-judgment and post-judgment interest on monetary judgments. It is common for plaintiffs to claim these amounts in their com- mencement documents or any interest amounts owing under a contract. The statutory regimes differ across the provinces and may provide: • different rates for pecuniary and non-pecuni- ary awards or heads of damages; • different rates for the pre-judgment and post- judgment periods; • default rules regarding when interest arises and the period over which it accrues; and • the circumstances where the court may depart from the default statutory scheme (such as where interest is provided under contract). The statutory rates are typically less than com- mercial or banking interest rates. If a provincial scheme does not apply, the federal Interest Act may govern the claim, although it is less prescriptive than the provincial regimes. 9.4 Enforcement Mechanisms of a Domestic Judgment The provinces and territories have statutory regimes for the enforcement of domestic judg- ments that govern: • enforcement mechanisms including distress, writs, garnishments, orders for sale of land and seizures of other property; • the actions of civil enforcement agencies and bailiffs;
• the type or value of property that is exempt from enforcement; and • how money realised through enforcement mechanisms is distributed amongst compet- ing creditors. 9.5 Enforcement of a Judgment From a Foreign Country A foreign judgment may be enforced through statute or common law. The provinces and ter- ritories have statutory regimes for the reciprocal enforcement of judgments of the other provinces and territories as well as some other countries and US states. Where a judgment has been obtained in a recip- rocating jurisdiction, the creditor may apply with- in that province or territory to have the judgment recognised and enforced as a domestic judg- ment. The court will consider several statutory conditions. The province or territory may also have rules regarding the enforcement of judgments under 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 Com- mercial Matters. Canada is not a signatory to the Hague Conven- tion on the Recognition and Enforcement of For- eign Judgments in Civil or Commercial Matters. If the judgment was obtained in a foreign juris- diction that is not a reciprocating jurisdiction nor party to an enforcement treaty, then the party must commence new proceedings on the for- eign judgment to obtain a local judgment.
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