Overview: Sean Kearney applied to register a May 6, 2024, judgment from the New Brunswick Court of King's Bench. The application, made without notice to Collard Properties Inc., was granted.

Key Points:

1. Application without Notice:
   • Under s. 2(2) of the Reciprocal Enforcement of Judgments Act, notice isn’t required if the debtor had notice of the original proceedings or submitted to the original court’s jurisdiction.
   • Collard Properties initiated the original proceeding, agreed to settlement terms, appeared in enforcement motions, and consented to the judgment.
2. Criteria for Registration:
   • Judgments from reciprocating states can be registered unless exceptions in s. 3 of the Act apply.
   • Jurisdiction: The New Brunswick court had jurisdiction over the dispute involving 720434 N.B. Inc.
   • Business Presence: Collard Properties conducted business in New Brunswick and participated in court proceedings.
   • Fraud: No evidence of fraud; judgment was consensual.
   • Appeal: No pending appeal.
   • Public Policy: The cause of action would be valid in Ontario.
   • Defence: Collard Properties consented to the judgment and would not have a valid defence.
3. Order and Costs:
   • The New Brunswick judgment is registered under the Reciprocal Enforcement of Judgments Act.
   • Notice of registration must be given to Collard Properties within one month, allowing them to apply to set it aside within another month.
   • Costs of $5,585.64 were awarded to Mr. Kearney on a partial indemnity basis.

Conclusion: The application for registering the New Brunswick judgment is granted, affirming reciprocal enforcement of judgments and due process.