ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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12 [26] The committee thought that Rule 360 is necessary to ensure that the Personal Property Registry [PPR] is updated. There was some discussion whether the service requirements could not be simplified. Ordinary mail should suffice. The committee agreed that Rule 360(7) should permit applications under that subrule to be made ex parte unless the court orders otherwise. The order granted under Rule 360(8) will still have to be served. [27] Rule 378 provides that the costs of any examination or application made under Division 5 (financial report of debtor and examination in aid) are in the discretion of the court. There are different practices in Calgary and Edmonton. A fiat is required in Calgary to get costs of an examination in aid, but not in Edmonton. The general view of the committee was that there should be no need for a fiat; creditors should be entitled to their costs of these steps according to Schedule C. There was some discussion about the need for Rule 378, but it was noted that removal of the rule might not solve the problem of the requirement of a fiat in Calgary. The committee ultimately concluded that the rule should be moved to the Civil Enforcement Act or the Civil Enforcement Regulation. It should be made clear that leave of the court is not required to get costs of examinations in aid and applications relating to obtaining financial information from the debtor. [28] The committee was sympathetic to the lawyer who complained about the requirement of conduct money for examinations in aid. The difference between examinations for discovery and examinations in aid is that the latter occur after judgment when the rights of the parties have been settled. The defendant has been served and has had an opportunity to defend the action. Judgment has been rendered but has not been paid. The judgment debtor has the right to appeal and to apply for a stay of enforcement. The situation is different from the examination for discovery where the claim has not been established. The judgment creditor may be understandably unhappy about being required to pay more money to the judgment debtor to find out why the latter has not paid the judgment debt. In our view, conduct money should no longer be a requirement for examinations in aid. [29] Much of the committee’s discussion turned on two issues: remedies for noncompliance with the rules and the jurisdiction of the Master to order contempt. Both issues are discussed and proposals made below.
ISSUE No. 5 Should Rule 460.1 on the examination of a debtor be moved to the Personal 18 Property Security Act? Should any changes be made? 13 [30] Rule 460.1(1) provides: 460.1(1) A person who is a secured party under the Personal Property Security Act, on service of a written notice on the debtor, may require the debtor to attend an examination and be examined under oath by the secured party with respect to the location of the collateral that is the subject of the security interest. Subsections 2 and 3 provide for seven days notice of the examination on the debtor and that the rules for examination for discovery apply with any necessary modifications and unless otherwise provided in Rule 460.1. 19 [31] There was a similar provision in the Seizures Act which was repealed when the Civil Enforcement Act came into force in January 1, 1996. Suggestions were made that the section was useful, and it was brought back as Rule 460.1 in 2001. The rule was placed in the division on interpleader instead of its more natural home with the other rules on debtor questionnaires or examinations in aid of the debtor. POSITION OF THE COMMITTEE [32] The committee concluded that the rule works well in its present form. However, it has to do with the enforcement of personal property security and should be moved to the Personal Property Security Act or the Personal Property Security Regulation. C. The Writ of Enforcement ISSUE No. 6 Should the rules include Rule 341 permitting judgments to be stayed? [33] Rule 341(1) empowers the court, at or after the grant of a judgment, to stay its enforcement and to remove or extend such stay. Rule 341(2), restricted to proceedings 18 19 R.S.A. 2000, c. P-7. R.S.A. 1980, c. S-11.
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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
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Page 52 and 53: 22 ISSUE No. 13 Should Rules 381, 3
Page 54 and 55: 24 [69] The committee looked at Rul
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Page 58 and 59: 28 one would expect the ban to exte
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Page 64 and 65: 34 ISSUE No. 20 Should Rule 345, wh
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Page 73 and 74: 68 period against the action on a j
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Page 77: has obtained a new judgment by acti
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Page 88 and 89: 58 POSITION OF THE COMMITTEE [161]
Page 90 and 91: 60 POSITION OF THE COMMITTEE [168]
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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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86 POSITION OF THE COMMITTEE [243]
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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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