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A right without a remedy is no right at all, and this is no better demonstrated than with respect to the ability to collect debts that are owed. This valuable title deals with the collection by unsecured creditors of debts owed by solvent debtors and discusses the federal-provincial overlap in the area of insolvency that results in many provincial statutes having application to insolvent debtors. Includes a discussion of important issues such as:
- Statutory framework
- Interest payments and payments towards debt
- Common law and statutory liens
- Creation, validity and enforcement of liens
- Equitable and repairers' liens
- Liens on motor vehicles and other chattels
- Pre-judgment remedies
- Pre-judgment garnishment
- Absconding debtors legislation
- Enforcing judgments and orders
- Examination in aid of execution
- Garnishment
- Seizure and sale of personal property
- Seizure and sale of land
- Death of a debtor
- Exemptions from execution and garnishment
- Priorities on distribution of proceeds
- Fraudulent conveyances and fraudulent or unjust preferences
- Equitable execution
- Arrest and imprisonment of debtor
Special Features
- Enhanced Contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations -an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected Secondary sources -setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions -identifying words and phrases defined in personal property security legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions
Plus:
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
I. Introduction
1. Federal and Provincial Framework
2. Debt Repayment
3. Set-off
II. Liens
1. Common Law Liens
2. Equitable Liens
3. Statutory Liens
4. Repairers’ Liens
III. Pre-judgment Remedies
1. Presumption against Execution Before Judgment
2. Pre-judgment Remedies Attaching Assets
3. Pre-judgment Garnishment
IV. Enforcing Judgments or Orders
1. Introduction
2. Examination of Debtor
3. Garnishment after Judgment
4. Execution against Debtor’s Assets
5. Exemptions from Execution and Garnishment
6. Priorities on Distribution of Proceeds
V. Additional Remedies for Creditors
1. Introduction
2. Fraudulent Conveyances and Fraudulent or Unjust Preferences
3. Equitable Execution
4. Arrest and Imprisonment of Debtor
Catherine Morin, B.Mus. (Hons.), LL.B.
Catherine Morin, B.Mus. (Hons.), LL.B., is a legal researcher and writer for LexisNexis Canada Inc., where she serves as law and content editor for Halsbury’s® Laws of Canada. A former practitioner, Ms. Morin has been responsible for re-structuring and overseeing the production of various digest products, including NetLetters&™ and the Canadian Weekly Law Sheet, where her duties included editing and writing case law summaries spanning a broad range of legal topics. She is also Author of several Halsbury’s Laws of Canada, First Edition titles, including Gifts, Holidays Hospitality, Missing Persons and Absentees, Roads, Highways and Bridges, and has served as a contributing Editor on others, such as Infants and Children.
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