What is the current state of the law on international recognition of judgments in private international law?

Manitoba, Canada


The following excerpt is from CLE Owners Inc. et al v. Wanlass et al, 2004 MBQB 43 (CanLII):

International comity and the prevalence of international cross-border transactions and movement call for a modernization of private international law. The principles set out in Morguard, supra, and further discussed in Hunt v. T&N plc, 1993 CanLII 43 (SCC), [1993] 4 S.C.R. 289, can and should be extended beyond the recognition of interprovincial judgments, even though their application may give rise to different considerations internationally. Subject to the legislatures adopting a different approach by statute, the “real and substantial connection” test should apply to the law with respect to the enforcement and recognition of foreign judgments. . . .

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