Article
3
Page of Draft Comment
6
4(3)
8
There could be a presentational argument for retaining exclusion of appeals from
inferior courts and taxes etc in Article
2. It is not a point of substance.
It is not quite clear what the words
"the latter" are referring to. The more
wordy version would be clearer, so it
read, "...judgment may be registered in
respect of the aforesaid provisions but
not in respect of any other provisions
contained therein."
4(4)
8
LO
5
5(1)
5(2)
9
There is no sub-paragraph dealing with interest on judgment debts. (Section
4(2)(c) of Cap 319).
I would tend to retain the words in
square brackets.
10
10
Suggest possible new sub-para (h) "the
registering court is not satisfied that
the rights under the judgment are not
vested in the person by whom the
application for registration was made."
(Section 6(1)(a)(vi) of Cap 319)
This formula for lumping together the mandatory and discretionary provisions
was specially chosen for the Canadian
Convention because the
the federal state
could not impose mandatory requirements on the provinces. Under Cap 319 (a) is the only mandatory ground for setting