1E9Ct5D

Pre-Trial Disclosure ProcessOral Discovery and Document DisclosureThe nature of any dispute, including acollection action, is defined by the pleadingsdelivered by the parties, in writing, in theaction. The pleadings define the facts andalleged issues that are relevant for trial.The provincial Rules of Court provide for fulldisclosure of all relevant non-privilegeddocumentation that is in the possession,custody or control of the parties to anaction. They also provide for attendance ata recorded examination under oath, prior totrial. Sanctions are available pursuant to theRules for refusal or neglect to attend suchan examination and for refusal or failure toproduce relevant documentation.Procedures also exist for writteninterrogatories or written examinations fordiscovery, but are less often employed.Judgment Collection and EnforcementEnforcement of a Judgment Recovered inthe ProvinceEach of the provinces allows for registrationof a court ordered judgment in real propertyand personal property registries andenforcement of a judgment for the paymentof money through a process of seizure andsale. However, while a judgment may berecorded in the land registry office in PrinceEdward Island, it does not need to be. Onceissued and filed in the court it binds the realproperty of the debtor.Registrations of judgments are effective fora certain term of years and are renewable toa maximum term. Registration operates asa lien to bind the real and personal propertyof the judgment debtor after registration.Newfoundland and Labrador is a statutorylien regime. In order to enforce courtjudgments, they must be registered with theJudgment Enforcement Registry, which isgoverned by the Judgment EnforcementAct. Once registered, the judgmentthereafter binds all real and personalproperty of the judgment debtor in thejurisdiction – there are no further filingsrequired. The statute contemplates variousenforcement mechanisms, such as assetseizures and garnishment of bank accounts.Funds seized and the proceeds from thesale of seized assets are subject to pro ratadistribution amongst registered judgmentcreditors. All such seizures and garnisheesare instituted or conducted by the Office ofthe High Sheriff upon written instructionfrom a registered judgment creditor.In New Brunswick, Nova Scotia and PrinceEdward Island, an Order for Seizure andSale is delivered by a judgment creditor to aSheriff in the jurisdiction where thejudgment debtor is located, for enforcementby the Sheriff. Collection by a Sheriff mayresult in a pro rata distribution of saleproceeds, after payment of the costs of anysale, amongst all judgment creditors.Garnishment of a judgment debtor’s wagesis available in all of the Atlantic Provincesexcept New Brunswick. In Prince EdwardIsland there is also a pre-judgmentgarnishment process where a claim is for aliquidated debt. Monies garnished under thisprocess are paid into court pendingresolution of the court action. An actionmust be commenced within five days ofEnforcement of Creditors’ Rights 137