What is the test for enforcing a foreign judgment in an action in personam?

Saskatchewan, Canada


The following excerpt is from Penner v. Lee, 2000 SKQB 576 (CanLII):

The common law principles concerning the enforceability of foreign judgments were enunciated by Buckley, L.J. in Emanuel v. Symon, [1908] 1 K.B. 302 at 309 as follows: In actions in personam there are five cases in which the courts of this country will enforce a foreign judgment: (1) where the defendant is a subject of the foreign country in which the judgment has been obtained; (2) where he was resident in the foreign country when the action began; (3) where the defendant in the character of plaintiff has selected the forum in which is afterwards sued; (4) where he has voluntarily appeared; and (5) where he has contracted to submit himself to the forum in which the judgment was obtained.

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