Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

608 PRIVATE INTERNATIONAL LAW
mainlevee, or if the law of Quebec would, in this case,
give exclusive jurisdiction to its courts; or
7. the person against whom recognition or enforcement is
sought was the plaintiff in the proceedings in the court
of origin and was unsuccessful in those proceedings,
unless the law of Quebec would give, in this case,
exclusive jurisdiction to its courts.
66 The court of origin is considered to have jurisdiction to
try a counterclaim when:
1. it would have had jurisdiction to hear the counterclaim
as a principal claim by virtue of paragraphs 1 to 6 of the
preceding article; or
2. it had jurisdiction by virtue of the following article to
hear the principal claim, and the counterclaim arose
from the same contract or the same facts on which the
principal claim was based.
67 On application by the defendant, the jurisdiction of the
court of origin is not recognized by the courts of Quebec when:
1. the law of Quebec, either because of the subject matter
or by virtue of an agreement between the parties, gives
exclusive jurisdiction to its courts to hear the claim
which gave rise to the foreign decision;
2. the law of Quebec, either because of the subject matter
or by virtue of an agreement between the parties,
recognizes the exclusive jurisdiction of another court;
or
3. the law of Quebec recognizes an agreement by which
exclusive jurisdiction is conferred upon arbitrators.
68 A party who seeks recognition or applies for enforcement
must furnish:
1. a complete and authenticated copy of the decision;
2. if the decision has been rendered by default, the original
or a certified true copy of the documents required to