ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

elating to contempt, attachment orders, the seizure and sale of a residence or where
the court orders otherwise.
2. Rules 74(2), 151 and 155(b), which require leave of the court before
enforcement can be commenced, should be repealed – We earlier argued that, once
a litigant has obtained a judgment, the remedies necessary to enforce that judgment
should be immediately available without leave. Rules 74(2), 151 and 155(b) violate
this principle for no good reason and should be repealed. The unsuccessful litigant can
still ask the court to stay enforcement in the judgment or later in a stay of enforcement
order. In our view, this is sufficient protection without a blanket prohibition of
enforcement.
3. The present rules regarding enforcement against a partnership and its
partners should be amended to follow Rules 8.01 to 8.06 of the Ontario, Rules of
Civil Procedure [Ontario Rules].
4. The time limits on the enforcement of money and non-money judgments
should be clarified, and Rules 331, 347 and 357 should be amended – The
Limitations Act or the new Alberta rules should create a period of 10 years from the
date of issue of any money or non-money judgment or order for any enforcement
process to be initiated. After the elapse of the 10 year period, an enforcement process
cannot be launched at all unless the applicant has obtained a new judgment by action
or under Rule 331. Rules 347 and 357 will need to be reconsidered in the light of this
proposal. Rule 331, which permits people with judgments or orders to extend the time
for enforcement, should be rewritten to make it clear that (1) the rule applies to money
and non-money judgments and orders and to all enforcement processes, not just writs
of enforcement and (2) a master as well as a judge has jurisdiction to hear and decide
the application. Wherever possible, the Rule 331 process should be made less
technical and difficult.
5. The rules regarding replevin (Rules 427-436), interpleader (Rules 442-460),
receivers (Rules 463-464), preservation orders in part (Rules 467-469) and stop
orders (Rule 494) should be moved to a new part of the Alberta rules entitled
“Preservation of Rights in Pending Litigation” and located before the rules on
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