ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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LIST OF ISSUES BASIC PRINCIPLES ISSUE No. 1 What basic principles should guide reform of the rules regarding remedies? . . . . . . . 1 ENFORCEMENT OF MONEY JUDGMENTS ISSUE No. 2 Should rules relevant only to the subject matter of the Civil Enforcement Act be moved to that Act or to the Civil Enforcement Regulation? .....................7 ISSUE No. 3 Should applications under the Civil Enforcement Act be made by originating notice? Should notice be required? Should Rule 340.1 be moved to the Civil Enforcement Act? ................................................................9 ISSUE No. 4 Should the rules which enable the creditor to obtain information about the debtor (Rules 360 and 368 to 379, and Forms I and I.1) be moved to the Civil Enforcement Act or to the Civil Enforcement Regulation? Should any changes be made? . . . . . . . 10 ISSUE No. 5 Should Rule 460.1 on the examination of a debtor be moved to the Personal Property Security Act? Should any changes be made? .......................13 ISSUE No. 6 Should the rules include Rule 341 permitting judgments to be stayed? . . . . . . . . . . . 13 ISSUE No. 7 Should Rule 348, which establishes the amount owing at any time on a writ, be moved to the Civil Enforcement Act? .....................................15 ISSUE No. 8 Should Rules 349, 349.1 and 351 on the power of the clerk and the court to make changes in writs of enforcement be retained and moved to the Civil Enforcement Act? ....................................................16 ISSUE No. 9 Should Rule 350 on assignment and resulting amendments of writs be retained? . . 17 xxi
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 10 and 11: Alberta Law Reform Institute 402 La
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 25 and 26: ISSUE No. 20 Should Rule 345, which
Page 27 and 28: ISSUE No. 41 Should Rule 446(2) be
Page 29: REMEDIES TO ENFORCE COURT ORDERS IS
Page 32 and 33: 2 What use is a judicial system tha
Page 34 and 35: 4 G. The Rules Should Where Possibl
Page 37 and 38: CHAPTER 2. ENFORCEMENT OF MONEY JUD
Page 39 and 40: 9 ISSUE No. 3 Should applications u
Page 41 and 42: [23] Rule 379 provides that the rul
Page 43 and 44: ISSUE No. 5 Should Rule 460.1 on th
Page 45 and 46: 15 (c) for the possession of farm l
Page 47 and 48: 17 2. Order “a change” (apparen
Page 49 and 50: 19 the judgment or order. In light
Page 51 and 52: 21 documents related to attachment
Page 53 and 54: [66] We noted earlier the recommend
Page 55 and 56: CHAPTER 3. RULES RELEVANT TO THE EN
Page 57 and 58: 27 43 plaintiff on the counterclaim
Page 59 and 60: 29 judgment against them. Without m
Page 61 and 62: 31 proceedings. The present Rule 74
Page 63 and 64: evidence in the same way that an as
Page 65: 35 [101] Rule 346 provides that (1)
Page 68 and 69: 38 POSITION OF THE COMMITTEE [105]
Page 70 and 71: 40 [113] Since a court order will b
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42 or order for the payment of mone
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44 enforcement. Whether the same re
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46 [126] Limitation statutes are ba
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CHAPTER 6. REPLEVIN: RULES 427 TO 4
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51 was wrongfully taken or fraudule
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53 Rule 430(c) - instead of a bon
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17(4) The Court shall not grant an
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57 avoids the possibility of self-h
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59 for orders not granted ex parte.
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CHAPTER 7. INTERPLEADER: RULES 442
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63 POSITION OF THE COMMITTEE [176]
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“summarily determine any issue on
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POSITION OF THE COMMITTEE [192] The
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70 POSITION OF THE COMMITTEE [196]
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CHAPTER 9. PRESERVATION ORDERS: RUL
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appropriate to issue one of orders
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77 1. The court may make any order
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79 [218] Rules 467 and 468(a) appea
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ISSUE No. 49 Should Rules 467, 468
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POSITION OF THE COMMITTEE [233] In
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CHAPTER 10. MONEY AND PROPERTY IN C
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87 not rare coins)? If the drafter
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89 1. It expressly rejected in sect
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91 the debtor, a current obligation
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CHAPTER 11. RECOVERY OF POSSESSION
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ISSUE No. 58 What documents should
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[273] The problem dealt with by Rul
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CHAPTER 12. SALES OF LAND: RULES 49
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CHAPTER 13. REMEDIES TO ENFORCE COU
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exemptions available under the Civi
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105 ISSUE No. 61 Should Rules 364 t
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107 Whether or not the substitute
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110 [303] Despite the federal statu
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112 such lawyer indicated that he d
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CHAPTER 15. MISCELLANEOUS ISSUES IS
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117 Rule 340 - The definitions in t
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[319] The definition of “judgment
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121 Change of Name Regulation, s.
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123 “creditor” means a person w
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APPENDIX A DISPOSITION OF RULES Rul
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127 Rule Numbers in Present Rules F
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Alberta Rule Nos. Subject of Rules
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ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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