ALBERTA RULES OF COURT PROJECT Enforcement of Judgments ...

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A reader who wishes to have more information about the Alberta Rules of Court Project may consult the background material included in each of the Consultation Memoranda 12.1 to 12.9. More complete information, including reports about the Project and particulars of previous Consultation Memoranda, may also be found at, and downloaded from, the ALRI website: The Institute’s office is located at: 402 Law Centre University of Alberta Edmonton AB T6G 2H5 Phone: (780) 492-5291 Fax: (780) 492-1790 The Institute’s electronic mail address is: reform@alri.ualberta.ca ii
THE RULES PROJECT CONSULTATION MEMORANDA No. Title Date of Issue Date for Comments 12.1 Commencement of Proceedings in Queen’s Bench 12.2 Document Discovery and Examination for Discovery 12.3 Expert Evidence and “Independent” Medical Examinations October 2002 January 31, 2003 October 2002 January 31, 2003 February 2003 May 16, 2003 12.4 Parties February 2003 June 2, 2003 12.5 Management of Litigation March 2003 June 30, 2003 12.6 Promoting Early Resolution of Disputes by Settlement 12.7 Discovery and Evidence Issues: Commission Evidence, Admissions, Pierrringer Agreements and Innovative Procedures July 2003 November 14, 2003 July 2003 November 14, 2003 12.8 Pleadings October 2003 January 31, 2004 12.9 Joining Claims and Parties, Including Third Party Claims, Counterclaims and Representative Actions February 2004 April 30, 2004 12.10 Motions and Orders July 2004 September 30, 2004 12.11 Enforcement of Judgments and Orders August 2004 October 31, 2004 Available to view or download at the ALRI website: http://www.law.ualberta.ca/alri/ iii
Page 1: ALBERTA LAW REFORM INSTITUTE EDMONT
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 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
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24 [69] The committee looked at Rul
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26 the defendant or note the defend
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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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