Second Progress Report on the Civil Enforcement of Judgments Project 2002

2002 Yellowknife NT

SECOND PROGRESS REPORT ON THE CIVIL ENFORCEMENT OF JUDGMENTS PROJECT

CIVIL SECTION

Lyman R. Robinson, Q.C., Project Leader, British Columbia

INTRODUCTION

[1] The law governing the enforcement of money judgments in many Canadian provinces relies on antiquated legal concepts and serves neither debtors nor creditors particularly well. The Civil Section recognized the need to modernize this area of the law and implemented a project to develop a Uniform Civil Enforcement Act.

[2] The Working Group would like to acknowledge the benefits it has derived from the work that has been done with respect to the enforcement of civil judgments in Alberta, Newfoundland, New Brunswick, Nova Scotia and Saskatchewan.

THE WORKING GROUP

[3] The membership of the Working Group has grown over the last year with the addition of representatives from the Federal government and the government of Ontario. The current members are:

Lyman Robinson, Q.C., Project Leader

Arthur L. Close, Q.C.

Geoff Ho, Q.C.

Darcy McGovern

Prof. Ronald C.C. Cuming, Q.C.

Prof. Tamara Buckwold

Marie José Longtin

Tim Rattenbury

Prof. John Williamson

Christopher P. Curran

Mounia Allouch

Hélène Fortin

John Twohig

Keith Pritchard

Caroline Carter of the British Columbia Law Institute is the Reporter to the Working Group.

AUGUST 2002 REPORT

[4] This Report is divided into four parts:

I - OBJECTIVES OF THE PROJECT

II - SUMMARY OF THE WORK UNDERTAKEN TO DATE

A. Registry of Money Judgments

B. The Registration Process

C. Effect of Registering a Judgment

D. Priorities Among Registered Judgments and the Distribution of Enforcement Proceeds

E. Enforcement Proceedings

F. Land - The Common Law Nemo Dat Rule

G. Property Exempt from Execution

H. Income Exemption

I. Distribution of Proceeds of Enforcement

III - TOPICS FOR FUTURE CONSIDERATION

IV - CONCLUSION


I - OBJECTIVES OF THE PROJECT

[5] The objectives of the project are to develop a Uniform Act for the enforcement of monetary civil judgments that will:

(a) make the enforcement of judgments more efficient and effective by streamlining judgment enforcement procedures and eliminating unnecessary procedural steps;

(b) provide a comprehensive code of monetary judgment enforcement procedures that are available to a judgment creditor and clearly establish the rights of judgment debtors (Where possible the Uniform Act should use language that is understandable by lay persons who may use the Act);

(c) provide for the registration of judgments in a prescribed registry in each province and territory with the objective of creating a searchable public registry of monetary judgments; and

(d) facilitate the integration of the charges against property arising from the enforcement of monetary judgments with security interests, liens and other charges against both personal and real property.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018