How Do I Register and Enforce an out of province Order or Judgment in Nova Scotia?

/ Highlander Law Group/

Judgment Orders from other jurisdictions (like other Provinces or Countries) are not automatically enforceable in Nova Scotia. To enforce the Order, you first must have the Nova Scotia courts recognize and register the Order here in Nova Scotia.

Reciprocal Enforcement of Judgements Act

The rules for how to do this and what criteria you will need to meet to be successful, if your Order is from another Canadian Province are outlined in the Reciprocal Enforcement of Judgements Act.

Unfortunately, if your Judgment/Order is from another Country the process is a little more complicated and outside the scope of this blog post.

Supreme Court Application

If your Order is from another Canadian province, you will have to file an Application under Nova Scotia Civil Procedure Rule 81 in a Nova Scotia Supreme Court. Your request must include a certified copy of the original order.

Requirements to Apply for Registration

You have 6 years from the date the original order was issued to apply to have the order registered in Nova Scotia. (Section 3(1)) The application can be made ex parte (without notice) to the other party if you can prove to the Nova Scotia court that:

1) the other party had adequate notice of or participated in the original proceeding; and

2) that any appeal period is expired Section 3(2).

If the other party did not have proper notice of the original proceeding, notice must be given for the application for registration prior to the matter being heard by the court.

Registration Costs are Recoverable Upon Registration

The costs of registering the judgment in Nova Scotia, including the costs of getting certified copies of the original order and the application filing fee are recoverable as if they were part of the original judgment. Section 6(c)

Upon registration, the order has the same force and effect as any original Nova Scotia order. Section 6(a)

Limitations to Registration

Keep in mind, the Nova Scotia court can not register the judgment if the original court did not have jurisdiction or if the opposing party is not ordinarily resident (or does not carry on business) in the original jurisdiction if they did not acknowledge or participate in the original proceeding. Section 3(5)

Notice Must be Served after Registration via an Ex Parte Application

Once the order is registered, if the order is registered under an ex parte order, notice of the registration must be served on the opposing party in the same manner as any originating lawsuit must be served, which is usually personal service. Section 7(1) The party then has one month from the time of notice to apply to the court to have the registration set aside. Section 3(5)

Enforcement of the Order via Execution

If the opposing party does not willingly comply with the Order, you may wish to seek assistance from the Sheriffs’ office via an Execution Order, which unfortunately is an entirely different process. You can review our blog What Happens After I Lose a Lawsuit in Nova Scotia? to understand, in broad strokes, the execution process.

 If you have any questions about enforcing an order in Nova Scotia, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Dianna M. Rievaj, MBA, LLB - Founding Lawyer

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers