The exequatur in France of the judgments from by the tribunals of Canada
No bilateral agreement of legal cooperation in the judicial matter has been signed between Canada and France.
The conditions and the procedure of the exequatur of the Canadian judgments are therefore set forth by French case law, lastly in the Cornelissen case of February 20th, 2007.
The applicant to the exequatur shall establish that the three following conditions are satisfied:
- The indirect competence of the foreign judge (in Canada) founded on the fastening of the litigation to this judge.
- The conformity with the legal and procedural international public order.
- The absence of fraud to the law.
The Cour de cassation delivered several judgments as regards exequatur of Canadian judgments.
The Cour de cassation has, in businesses law, in a judgment dated June 3rd, 2003 Hotel Fountain of Baranges, confirmed the exequatur of a judgment of the Court of the Bankruptcy of the Superior court of the Alma district having pronounced the bankruptcy of a hotel company.
The Cour de cassation has also, in the matter of divorce, delivered on May 10th, 2006 a judgment confirming that the exequatur could be granted to an ordinance delivered by the Supreme Court of British Columbia of Vancouver pronouncing a divorce.
The Cour de cassation indeed decided that:
“Is not contrary with the international public order, the divorce pronounced according to the applicable foreign law, with the only report of the suspension of any cohabitation of the husbands during more than one year, by a decision referring to " affidavits" ”.
The Court of Appeals of Paris also delivers judgments relating to the exequatur in France of Canadian judgments.
By a judgment of December 8th, 2005, M. X c/ SOCIETE BNP PARIBAS, the Court of Appeals of Paris thus declared enforceable in France a judgment given by the Superior Court of Justice of Toronto.
The Court of Appeals noted that the party which had been condemned to compensate a banking institution had been able to take note of the judgment and to exert the grounds for appeal to its opposition, so that the Canadian judgment was not contrary with the French international public order.