Judgment Granted! Now What?
Do
you have a foreign judgment against an individual or business who has assets
in Ontario, Canada? If so, our collections lawyers can help!
We routinely represent American based clients in the Ontario courts.
Our collections lawyers are experienced
in the recognition and enforcement of judgments worth hundreds of
millions of dollars.
Procedures
The procedure for recognition and enforcement of a US judgment in Ontario is not automatic. A new lawsuit must be commenced in order to have the judgment recognized as if it were an Ontario judgment. For free information on the process see these helpful articles:
- Enforcing US Judgments in Ontario - New Developments
- Procedures and Law for the Enforcement of Foreign Judgment in Ontario, Canada
- About the Enforcement of Treble Damages in Canada
- Enforcement of Foreign Judgments in Canada: Case Comment: Old North State Brewing Co. v. Newlands Services Inc.
Limitation Periods
A limitation period is a deadline for when a lawsuit must be started. There is conflicting legal authority in Canada as to what the limitation period is for an action recognizing a foreign judgment. Also, the time that the limitation period clock starts to tick will depend on a number of circumstances. Out of an abundance of caution it is strongly recommended that any lawsuit in Ontario for the recognition and enforcement of a foreign judgment be commenced within two years from the date the original judgment was rendered.
Our Fees
Our collections lawyers will craft a fee structure that meets our client's unique needs. We usually give a client the option of choosing between one of the following fee structures at the outset:
- An Hourly Rate - Our Collections Lawyer's fees are based on the time that we spend on your file. This option is usually the least expensive option. Legal Fees are due irrespective of outcome. The risk of non-collection of the judgment rests solely with the client. Such an option is ideal for the client who is confident that the debtor will either settle the debt or has assets to satisfy the judgment.
- A Contingency Fee - Our Lawyer's Fees are based solely on a percentage of the amounts we are instrumental in recovering. We do not get paid unless you get paid. The percentage fee (agreed at the outset) depends on the likelihood of collection. Our percentage fees typically range from 33% to 45% of the amount recovered. The risk of non-collection of the judgment rests solely with the law firm. Such an option is ideal for the client who is not confident about the prospects of collection and is uneasy about "throwing good money after bad money".
- Mixed Hourly and Contingency Fee - Our fee is based on a discounted hourly rate and a discounted percentage of the amounts we are instrumental in recovering. Such an option is ideal for clients who wish to hedge their bets. The risk of non-collection is shared by the client and our law firm.
Client Service Guarantee
We understand that the satisfaction of our clients is the key to the success of our law firm. To learn more about our law firm's client service guarantee click here.
Precedent Setting Lawyers
Our Law Firm was profiled in Law Times for our successful court action to recognize a US class action judgment in Canada. The judgment is believed to be the largest judgment in Canada. See: Ontario Court Awards US$192 million American Judgment (pdf). for more information.
Free Consultations
Our collections lawyers offer free consultations to foreign judgment creditors (or their attorneys). If you have a US or other foreign judgment against a person or business with assets in Ontario then we ask that you please fill out the form below. Your personal information is not shared with anyone outside our law office and is used only to contact you in accordance with our privacy policy. We will usually respond to you within a few minutes of receiving your form. If you submit this form outside of business hours we will respond to you early the next business day.
Send
us an Email