ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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ISSUE No. 10 Should Rule 352 be repealed? .......................................... 18 ISSUE No. 11 Should Rules 353, 354 and 355 regarding service of documents under the Civil Enforcement Act be moved to the Act or to the Civil Enforcement Regulation? Should the rules be made less restrictive? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 ISSUE No. 12 Should Rules 356, 357 and 358 be moved to the Civil Enforcement Act or to the Civil Enforcement Regulation? ......................................... 21 ISSUE No. 13 Should Rules 381, 382, 383 and 383.1 be moved to the Civil Enforcement Act or to the Civil Enforcement Regulation? Should Rule 380 be repealed? . . . . . . . . . . . . . . 22 ISSUE No. 14 Should the garnishee rules and forms (Rules 470 to 481.1; Forms L and M) be moved to the Civil Enforcement Act or to the Civil Enforcement Regulation? Should the rules be changed?........................................... 22 RULES RELEVANT TO THE ENFORCEMENT OF MONEY AND NON-MONEY JUDGMENTS ISSUE No. 15 Should a party to litigation who obtains judgment in an action involving a counterclaim be required to seek leave to enforce the judgment? . . . . . . . . . . . . . . . 25 ISSUE No. 16 Where (1) a third party fails to defend, (2) the plaintiff obtains judgment other than by default, and (3) the defendant obtains judgment against the third party, should the defendant be required to obtain leave before enforcement? . . . . . . . . . . . . . . . . 29 ISSUE No. 17 Should Rule 359 remain in the rules as is? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 ISSUE No. 18 Should Rule 333 regarding memoranda of satisfaction of judgment remain in the rules in its present form? .............................................. 32 ISSUE No. 19 Should Rule 343 on enforcement of a judgment for payment into court be retained in its present form in the rules? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 xxii
ISSUE No. 20 Should Rule 345, which deals with judgments ordering relief subject to a condition or contingency, be retained in its present form in the rules? . . . . . . . . . . . . . . . . . . . 34 ISSUE No. 21 Should Rule 346 on enforcement of judgments and orders by or against non-parties be retained in its present form in the rules? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ENFORCEMENT AGAINST A PARTNERSHIP AND ITS PARTNERS: RULE 82 ISSUE No. 22 Should there be any changes to the rules regarding enforcement against a partnership and its partners?............................................37 LIMITATIONS AND ENFORCEMENT: RULES 331, 347, AND 357 ISSUE No. 23 Should the time limits on enforcement of money and non-money judgments be clarified? Should Rules 331, 347 and 357 be amended? . . . . . . . . . . . . . . . . . . . . . . 41 REPLEVIN: RULES 427 TO 436 ISSUE No. 24 Is replevin still a useful remedy or should it be replaced by something else? . . . . . . 49 ISSUE No. 25 Should the replevin rules be moved to a new part of the rules called “Preservation of Rights in Pending Litigation” and located before the rules on trial and judgment? . 49 ISSUE No. 26 Should Rule 428(a) be repealed? Should Rules 428(b) and 430 be retained and combined into one rule? ...............................................50 ISSUE No. 27 Should the replevin order be required to contain certain terms or should the contents of the order be left to the discretion of the court? Specifically, should the order be required to include terms regarding (1) the description and value of the property, (2) the indemnity, and (3) the bond? .....................................51 ISSUE No. 28 Should the new replevin rules expressly say that replevin orders can be executed only by civil enforcement agencies? .....................................56 xxiii
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Page 4 and 5: A reader who wishes to have more in
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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
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Page 26 and 27: ISSUE No. 29 Should the defendant b
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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
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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
Page 60 and 61: 30 [85] In all other situations, ju
Page 62 and 63: 32 preferences is archaic, confused
Page 64 and 65: 34 ISSUE No. 20 Should Rule 345, wh
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Page 69 and 70: 39 bringing individual partners int
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Page 73 and 74: 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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