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Federal Courts Rules

Version of section 329 from 2006-03-22 to 2006-09-20:

Marginal note:Affidavit

  •  (1) An affidavit filed in an application under rule 327 shall be accompanied by an exemplified or certified copy of the foreign judgment and a copy of any arbitration agreement pursuant to which the judgment was awarded and state

    • (a) that the foreign judgment was not fully satisfied as at the filing of the application;

    • (b) whether the foreign judgment debtor appeared in the original proceeding;

    • (c) an address in Canada for service on the foreign judgment creditor;

    • (d) the name and usual or last known address of the foreign judgment debtor;

    • (e) whether interest has accrued on the amount payable under the foreign judgment in accordance with the law of the state of the originating court or arbitral tribunal and, if interest has accrued, the rate of interest, the day from which it is payable, the amount due at the time of the filing of the application and, where applicable, the day on which interest ceases to accrue;

    • (f) the rate of exchange into Canadian currency prevailing on the day on which the foreign judgment was rendered, as ascertained from a chartered bank in Canada;

    • (g) that, having made careful and full inquiries, the applicant knows of no impediment to registration, recognition or enforcement of the foreign judgment; and

    • (h) that the foreign judgment is executory, that no appeal or other form of judicial review is pending and that any time prescribed for the making of an appeal or application for judicial review has expired.

  • Marginal note:Affidavit of service

    (2) Where a foreign judgment debtor did not appear in the original proceeding, an affidavit referred to in subsection (1) shall be accompanied by an affidavit of service on the foreign judgment debtor of the document instituting the original proceedings.

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