Is this the treay u are talking about? Point 2 goes on to say 'This Convention shall not apply to'
kind of confused???
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 COMMERCIAL MATTERS
PART II
SCOPE OF THE CONVENTION
ARTICLE II
1.Subject to the provisions of this Article, this Convention shall apply to any judgment given by a court of a Contracting State after the Convention enters into force and, for the purposes of Article IX, to any judgment given by a court of a third State which is party to the 1968 Convention.
2.This Convention shall not apply to
(a) orders for the periodic payment of maintenance;
(b) the recovery of taxes, duties or charges of a like nature or the recovery of a fine or penalty;
(c) judgments given on appeal from decisions of tribunals other than courts;
(d) judgments which determine
(i) the status or legal capacity of natural persons;
(ii) custody or guardianship of infants;
(iii) matrimonial matters;
(iv) succession to or the administration of the estates of deceased persons;
(v) bankruptcy, insolvency or the winding up of companies or other legal persons;
(vi) the management of the affairs of a person not capable of managing his own affairs.
3.Part III of this Convention shall apply only to a judgment whereby a sum of money is made payable.
4.This Convention is without prejudice to any other remedy available to a judgment creditor for the recognition and enforcement in one Contracting State of a judgment given by a court of the other Contracting State.[/color]
PART III
ENFORCEMENT OF JUDGMENTS
ARTICLE III
1.Where a judgment has been given by a court of one Contracting State, the judgment creditor may apply in accordance with Article VI to a court of the other Contracting State at any time within a period of six years after the date of the judgment (or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings) to have the judgment registered, and on any such application the registering court shall, subject to such simple and rapid procedures as each Contracting State may prescribe and to the other provisions of this Convention, order the judgment to be registered.
2.In addition to the sum of money payable under the judgment of the original court including interest accrued to the date of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, if any, including the costs of obtaining a certified copy of the judgment from the original court.
3.If, on an application for the registration of a judgment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.
4.Subject to the other provisions of this Convention
(a) a registered judgment shall, for the purposes of enforcement, be of the same force and effect;
(b) proceedings may be taken on it; and
(c) the registering court shall have the same control over its enforcement,
as if it had been a judgment originally given in the registering court with effect from the date of registration.
PROCEDURES
ARTICLE VI
1.Any application for the registration in the United Kingdom of a judgment of a court of Canada shall be made
(a) in England and Wales, to the High Court of Justice;
(b) in Scotland, to the Court of Session;
(c) in Northern Ireland, to the High Court of Justice.
2.Any application for the registration in Canada of a judgment of a court of the United Kingdom shall be made
(a) in the case of a judgment relating to a matter within the competence of the Federal Court of Canada, to the Federal Court of Canada;
(b) in the case of any other judgment, to a court of a province or territory designated by Canada pursuant to Article XII.
