THE RECOGNITION OF FOREIGN JUDGMENTS IN QUEBEC - THE MIRROR CRACK'D?

Abstract

Eight years after coming into force, Québec's regime for the recognition of foreign judgments remains largely . untested. Examining the internal structure of that regime, the author challenges some early interpretations of the Civil Code's new rules, calling for a more careful application of the mirror principle as it applies to the evaluation of foreign jurisdiction in international litigation. Such jurisdictional scrutiny is also subject, within Canada, to the constitutional limits derived from Morguard. The author examines the impact of that jurisprudence for Québec law, particularly in light of recent appellate decisions from other provinces. Finally, different treatment of truly foreign decisions is considered, including the possibility of a two-tiered system for recognition, itself derived from a limited extra-territorial power for provinces in the field of private international law.