Foreign Extraterritorial Measures Act (R.S.C., 1985, c. F-29)

Recovery of Damages

Marginal note:Recovery of damages and expenses

• 9 (1) Where a judgment in respect of which an order has been made under section 8 has been given against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, or an order has been made under section 8.1 in favour of such a party in respect of a judgment, that party may, in Canada, sue for and recover from a person in whose favour the judgment is given

  • (a) in the case of an order made under paragraph 8(1)(a) or (1.1)(a),

    • (i) any amount obtained from that party by that person under the judgment,

    • (ii) all expenses incurred by that party in the course of defending the proceedings in which the judgment was awarded and in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs, and

    • (iii) any loss or damage suffered by that party by reason of the enforcement of the judgment; and

  • (b) in the case of an order made under paragraph 8(1)(b) or (1.1)(b),

    • (i) any amount obtained from that party by that person under the judgment that is in excess of the amount to which the judgment is deemed to be reduced,

    • (ii) the amount that the Attorney General of Canada may specify in respect of the expenses incurred by that party in the course of defending the proceedings in which the judgment was awarded,

    • (iii) the expenses incurred by that party in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs, and

    • (iv) such proportion of any loss or damage suffered by that party by reason of the enforcement of the judgment as the Attorney General may specify.

• Marginal note:Recovery of expenses before final judgment

  (1.1) Where proceedings are instituted under an antitrust law, or a foreign trade law or a provision of a foreign trade law set out in the schedule, and no final judgment has been given under those proceedings against a party who is a Canadian citizen, a resident of Canada, a corporation incorporated by or under a law of Canada or a province or a person carrying on business in Canada, that party may, in Canada, with the consent of the Attorney General of Canada, at any time during the proceedings sue the person who instituted the action and recover from that person all expenses incurred by the party in defending those proceedings and in instituting proceedings under this Act, including all solicitor-client costs or judicial and extrajudicial costs.

• Marginal note:Seizure and sale of property and shares

  (2) A court that renders judgment in favour of a party pursuant to subsection (1) or (1.1) may, in addition to any other means of enforcing judgment available to the court, order the seizure and sale of any property in which the person against whom the judgment is rendered, or any person who controls or is a member of a group of persons that controls, in law or in fact, that person, has a direct or indirect beneficial interest. The property that may be seized and sold includes shares of any corporation incorporated by or under a law of Canada or a province, regardless of whether the share certificates are located inside or outside Canada.

Tabling of Orders

Marginal note:Tabling

10 An order made under section 2.1, 3, 5, 8 or 8.1 shall be laid before each House of Parliament within fifteen sitting days after it is made.

Commencement

Marginal note:Coming into force

11 This Act shall come into force on February 14, 1985.