Four years have now elapsed since the landmark decision in Morguard Investments Ltd. v. De Savoye,1 a case most recently described as "the most important decision on the conflict of laws ever rendered by the Supreme Court of Canada."2 The domestic impact of Morguard has been truly profound. It has been used by some courts to broaden the common law grounds for the recognition and enforcement of Canadian extraprovincial judgments3 and by others to mandate such recognition via the existence of an implicit "full faith and credit" doctrine in the Canadian Constitution. The result is that many more intra-Canadian judgments are being recognized and enforced in Canada. Taken alone, this would be of limited interest to most American judgment creditors. What is of major interest is the extent to which Morguard has been used to date to broaden the basis for the recognition and enforcement of United States judgments and the prognosis for continued evolution in that direction. Because Canada and the United States are the world's largest trading partners, the importance of this issue cannot be understated.
Ivan F. Ivankovich,
Enforcing U.S. Judgments in Canada: "Things are Looking Up!",
Nw. J. Int'l L. & Bus.