ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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Alberta Law Reform Institute 402 Law Centre University of Alberta Edmonton AB T6G 2H5 Phone: (780) 492-5291 Fax: (780) 492-1790 E-mail: reform@alri.ualberta.ca Website: http://www.law.ualberta.ca./alri/ The process of law reform is essentially public. Even so, you may provide anonymous written comments, if you prefer. Or you may identify yourself, but request that your comments be treated confidentially (i.e., your name will not be publicly linked to your comments). Unless you choose anonymity, or request confidentiality by indicating this in your response, ALRI assumes that all written comments are not confidential. ALRI may quote from or refer to your comments in whole or in part and may attribute them to you, although usually we will discuss comments generally and without specific attributions. viii
Table of Contents PREFACE AND INVITATION TO COMMENT ..........................vii EXECUTIVE SUMMARY ............................................. LIST OF ISSUES .................................................... xiii xxi CHAPTER 1. BASIC PRINCIPLES ....................................1 A. Remedies are Important ...........................................1 B. A Remedial System Must be Fair, Appropriate and Reasonable for All Parties . . . 2 C. The Present Enforcement Rules are in Need of Reform . . . . . . . . . . . . . . . . . . . . . 3 D. Obsolete Rules and Processes Should be Repealed . . . . . . . . . . . . . . . . . . . . . . . 3 E. Chronological Organization of the Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 F. The Rules Should Avoid Repetition ....................................3 G. The Rules Should Where Possible Aim for General Propositions Rather than a Series of Specific but Similar Situations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 H. Remedies Should as a General Rule be Immediately Available . . . . . . . . . . . . . . . 4 I. Rules Dealing with a Subject Governed by a Statute Should Where Appropriate be Moved into the Statute or Regulation Thereunder . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2. ENFORCEMENT OF MONEY JUDGMENTS ..............7 A. Preliminary and General Issues.......................................7 B. Getting Information about the Debtor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 C. The Writ of Enforcement ..........................................13 D. Garnishment ....................................................22 CHAPTER 3. RULES RELEVANT TO THE ENFORCEMENT OF MONEY AND NON-MONEY JUDGMENTS ...............................25 A. Rules Requiring Leave of the Court Before Enforcement Can be Commenced . . 25 B. Fraudulent Conveyances and Preferences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 C. Other Rules Relevant to Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 CHAPTER 4. ENFORCEMENT AGAINST A PARTNERSHIP AND ITS PARTNERS: RULE 82 ..........................................37 ix
Page 1: ALBERTA LAW REFORM INSTITUTE EDMONT
Page 4 and 5: A reader who wishes to have more in
Page 7: ALBERTA LAW REFORM INSTITUTE The Al
Page 12 and 13: CHAPTER 5. LIMITATIONS AND ENFORCEM
Page 15 and 16: EXECUTIVE SUMMARY 1. MANDATE OF COM
Page 17 and 18: should consider moving the rule int
Page 19 and 20: trial and judgment - At present The
Page 21: Alberta, promulgated Winding-up Act
Page 24 and 25: ISSUE No. 10 Should Rule 352 be rep
Page 26 and 27: ISSUE No. 29 Should the defendant b
Page 28 and 29: ISSUE No. 51 Should the court be em
Page 31 and 32: CHAPTER 1. BASIC PRINCIPLES ISSUE N
Page 33 and 34: 3 C. The Present Enforcement Rules
Page 35: 5 Enforcement Act and The Rules lea
Page 38 and 39: 8 14 described some of these confli
Page 40 and 41: 10 which will result in ongoing pro
Page 42 and 43: 12 [26] The committee thought that
Page 44 and 45: 14 under the Civil Enforcement Act,
Page 46 and 47: 16 POSITION OF THE COMMITTEE [40] T
Page 48 and 49: 18 [48] Rule 350 provides that a pe
Page 50 and 51: 20 addressee actually gets it or on
Page 52 and 53: 22 ISSUE No. 13 Should Rules 381, 3
Page 54 and 55: 24 [69] The committee looked at Rul
Page 56 and 57: 26 the defendant or note the defend
Page 58 and 59: 28 one would expect the ban to exte
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30 [85] In all other situations, ju
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32 preferences is archaic, confused
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34 ISSUE No. 20 Should Rule 345, wh
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CHAPTER 4. ENFORCEMENT AGAINST A PA
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39 bringing individual partners int
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CHAPTER 5. LIMITATIONS AND ENFORCEM
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68 period against the action on a j
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45 2. A similar provision applies t
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has obtained a new judgment by acti
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50 Replevin is a pre-trial remedy t
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52 should the order be required to
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54 as the court considers appropria
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56 [154] The committee proposes tha
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58 POSITION OF THE COMMITTEE [161]
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62 ISSUE No. 36 Should interpleader
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64 (a) claims no beneficial interes
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66 [188] Other Canadian rules have
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CHAPTER 8. RECEIVER: RULES 463 TO 4
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acts mentioned unless the court ord
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74 (b) make any order for the inspe
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76 [210] The courts are well aware
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78 that the discovery and preservat
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80 or rule of law “not inconsiste
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82 subrule is not available to some
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84 to pay in the amount of the lien
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88 including Alberta. The remedy is
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90 some expense. One conclusion is
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92 similarly titled part of the Ont
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94 injunction, the effect of which
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96 [270] The committee also discuss
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98 personalty. Rule 363 is usually
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100 different set of statutes and r
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102 [283] While the expressions may
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104 [289] Instead of having a confr
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106 [295] Rule 365 provides that, i
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CHAPTER 14. WINDING-UP AND RESTRUCT
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111 [306] We noted above that the W
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113 4. The federal government has n
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116 consider favourably an extensio
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118 [316] There is much case law at
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120 “judgment” means a decision
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122 172 manner as a judgment of the
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124 claims and judgments, or to non
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126 Rule Numbers in Present Rules D
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APPENDIX B Alberta Rule Nos. Subjec
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ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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