Marine Liability Act

Version of section 88 from 2010-01-02 to 2020-09-09:

Marginal note:Application to set aside registration

  •  (1) At any time after a foreign judgment is registered under section 82, the judgment debtor may apply to the Admiralty Court, in accordance with its rules, to have the registration of the judgment set aside on any of the grounds set out in subsection (2).

  • Marginal note:Grounds for setting aside registration

    (2) The Admiralty Court shall set aside the registration of the foreign judgment if it is satisfied that

    • (a) the foreign judgment has been fully or partly satisfied;

    • (b) the foreign court acted without jurisdiction;

    • (c) the foreign judgment was obtained by fraud;

    • (d) the defendant in the foreign action was not given reasonable notice and a fair opportunity to present their case;

    • (e) the registration of the foreign judgment was obtained by fraud;

    • (f) an error was made in the conversion of the foreign judgment to Canadian currency under section 85;

    • (g) the registered judgment included interest on the foreign judgment to which the judgment creditor was not entitled; or

    • (h) for any other reason, it erred in regis-tering the foreign judgment.

  • Marginal note:Reduction of registered amount

    (3) If the Admiralty Court sets aside the registration of a foreign judgment on the ground that it has been partly satisfied, or on the ground referred to in paragraph (2)(f) or (g), it shall order the foreign judgment to be registered in the reduced amount.

  • 2001, c. 6, s. 88, c. 27, s. 273.1
  • 2009, c. 21, s. 11
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