LAW514
Judgment Enforcement
(Lund)
Prerequisite courses:
Prerequisite for:
Instructor(s): Professor Anna J. Lund
Course credit: 3
Method of presentation: Lecture
METHOD OF EVALUATION
The methods of evaluation in this course will comprise the following:
- 50% for assignments & participation
- 50% for an open-book final exam
COURSE DESCRIPTION
Before deciding to start a lawsuit, a potential plaintiff will want to know “is it worth it”? A key consideration is the likelihood that a judgment (i.e., a court order for the payment of money) will be satisfied. Such a judgment or order does not in itself enable the successful claimant to reach the financial resources or property of the defendant or respondent in the proceedings. The enforcement of a judgment for the payment of money entails resort to the specialized system of law that constitutes the subject of this course. The judgment enforcement system is of particular importance to unsecured creditors who, in the event of their debtors’ failure or refusal to satisfy their debts, have no immediate rights in or to their debtors’ property.
The main focus of this course is provincial judgment enforcement law, represented by the Civil Enforcement Act. Topics will include:
• Debt Collection Practices
• Prejudgment Remedies
• The Writ of Enforcement: Registration and Priority
• Enforcement Against Personal Property
• Enforcement Against Land
• Garnishment
• Receiverships
• Distribution of Proceeds of Enforcement
• Procedure for the Enforcement of Foreign Judgments
Since a judgment can only be enforced against the property of the judgment debtor, a relevant issue in the process of judgment enforcement may be the possibility of recovering property that has been transferred by the judgment debtor to someone else. Accordingly, the course also examines provincial fraudulent conveyance and preference law.
SPECIAL COMMENTS
Description updated 2021-22. Please contact the instructor for any specific questions you may have related to this particular course section..
REQUIRED TEXTS (IF ANY):
An electronic course pack will be made available to students.