Recognizing a foreign judgment in Quebec has certain requirements and the process is complex. Specifically in family law cases, the way the issues are handled can vary greatly depending on the jurisdiction. There are steps you can take if you are located outside of Quebec or Canada and your judgment needs to be recognized in Quebec. Divorce, spousal support, child custody, and child support are some of the family law issues whose foreign judgments need to be recognized by the Quebec courts.
In order for a foreign judgment to have effect in Quebec’s jurisdiction, the judgment must be recognized and enforced by a Quebec court. International comity is the principle that the courts follow to enforce foreign judgments. It is a practice where different states recognize the validity of another’s proceedings. Therefore, a foreign judgment will be recognized and enforced by a Quebec court, unless it does not meet the necessary criteria.
Article 3155 of the Civil Code of Quebec (CCQ) states that a decision that is rendered outside of Quebec is applicable and will be enforced in Quebec unless it is one of the following cases.
⦁ The authority of the state where the decision was made did not have jurisdiction under the C.C.Q.;
⦁ The decision is not final or enforceable at the place where it was rendered and is subject to appeal;
⦁ The decision goes against the fundamental principles of procedure;
⦁ The decision is not final or enforceable at the place where it was rendered and is subject to appeal;
⦁ The decision goes against public order;
⦁ The decision enforces the foreign state’s tax laws;
A Quebec authority will only determine if the foreign decision does not violate any of those conditions. They will not fully re-examine the case in order to enforce it in Quebec. Furthermore, article 3157 of the Civil Code of Quebec states that a Quebec court can not refuse to recognize or enforce a decision solely based on the fact that the law that was applied in the decision is different than the law that would be applicable in Quebec.
If your foreign decision meets these requirements, you should contact a Quebec family law lawyer to help guide you through the process. They will help you with all the necessary documentation and ensure that your decision can be recognized in Quebec.
You will need to initiate an application to a Quebec court to have your judgment be recognized and upheld in the province. It does not happen automatically. Once the judgment is homologated, the beneficiary of the judgment will be able to exercise whatever rights the decision granted them in the jurisdiction of Quebec. Therefore, it will be enforced in the same way as though it was a judgment rendered in Quebec.
There are more specific documents and evidence that will be necessary depending on what specific type of judgment, you are attempting to recognize, for example divorce or child custody. The process of getting a foreign judgment recognized involves complex legal issues and often language barriers plays a role as well. Therefore, it is very important to seek the advice of a Quebec lawyer to guide you through it.
https://www.legisquebec.gouv.qc.ca/en/document/cs/ccq-1991
https://ak-law.ca/enforcement-of-a-us-or-canadian-judgment-in-quebec/
https://www.dubelatreille.ca/civil-law/recognition-of-foreign-judgments
https://schneiderlegal.com/estate-law/successions-outside-quebec/recognition-and-enforcement-of-a-foreign-judgement/#_ftn1
