Thank you - after the initial reaction of disbelief that they lost this case - they have now decided wait for the written judgment and then they will consult with a lawyer the specializes in real estate law to see if they have any grounds for appeal.

Interesting that that we call this the "justice" system......

I am assuming that your daughter and son-in-law are currently residing in New Brunswick but travelled to Ontario to defend this lawsuit and lost. Therefore, they now have a judgment registered against them.

Pursuant to the Ontario Reciprocal Enforcement of Judgments Act, R.S.O. 1990, Chapter R.5, the judgment obtained in Ontario can be transferred to any province or territory in Canada with the exception of Quebec. In addition, any judgment obtained in Ontario after December 31, 2003 does not have an expiry date and is valid for life or until the judgment has been satisfied.

Also, all judgments are shown on the Credit Reports of both Equifax and TransUnion. A judgment obtained in Ontario and shown on the TransUnion Credit Report is automatically removed from the report 7 years from the date of the judgment. That same judgment shown on the Equifax Credit Report is automatically removed from the report 6 years from the date of judgment.

Here is how the process works.

The judgment creditor who has obtained an order for a payment of money in Ontario and who wishes to enforce it in New Brunswick may do so by issuing a Certificate of Judgment ( Form 20A ) in the court in which the judgment was obtained ( referred to as the originating court ) and directed to the clerk at the court location in New Brunswick as specified by the judgment creditor.

The Certificate of Judgment must be supported by an Affidavit for Enforcement Request ( Form 20P ) stating the amount still owing pursuant to the order.

When the judgment creditor files a Certificate of Judgment with the court in New Brunswick, the order becomes enforceable as if it were an order issued by a court in New Brunswick.

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Educating one Consumer at a time

My daughter just lost a small claims court case for over $10000. They had sold their home and after the fact (and after a home inspection was waived) the new owner claimed the carpets were stained and she had to replace. She received a judgement for not only replacing the carpets, but also for replacing existing hardwood in the house. My daughter and son-in-law cannot afford to continue to defend this as it is extremely expensive for them to travel back and forth between Ontario/NB. Can this judgment be enforced in New Brunswick?