Creditors' Remedies in Ontario, 3rd Edition
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**Please note LexisNexis' USBs, CDs and DVDs are not compatible with Mac software.Debt enforcement actions and creditor claims can be cumbersome, time consuming and uncertain: a myriad of court rules and procedures must be followed, time limitations must be adhered to, and new developments constantly crop up. With this book, authored by a team of experienced litigators, readers can learn "best practices" from experts in debtor and creditor law.
This one-stop practice guide contains everything lawyers need to know from starting an action to drafting court documents to enforcing judgments and getting paid. As the first of its kind, this is the only creditor remedies guidebook lawyers need to follow in order to start, win and enforce creditor claims in Ontario. This book can be used by practitioners who want to enforce a creditor claim, or defend against one.
- Learn from some of Canada's top litigators, as they teach the reader, in step-by-step fashion, ways of starting and enforcing creditor claims. Defending against creditor claims is also discussed
- Contains comprehensive checklists, precedents, and forms - everything to help lawyers save time in conducting creditor actions
- Refers to all applicable statutes, including the Personal Property Security Act and Repair and Storage Liens Act
- Brand new chapter dedicated to "Simplified Procedure" under Rule 76 of the Rules of Civil Procedure
- Amendments to the Construction Lien Act and their resulting implications on remedies to unpaid providers of equipment to real property
- Discussion of the increased limit at Small Claims Court (this court now has more litigation than the Ontario Superior Court)
- Changes to the summary judgment rules and the case law interpreting these amendments (e.g. Combined Air Mechanical Services Inc. v. Flesch)
- Case law updates and practical tips on pursuing garnishment
- Amendments to the Bankruptcy and Insolvency Act dealing with fraudulent preferences and transactions at undervalue
- New case law relating to the PPSA and RSLA, and amendments to the Execution Act
- Discussion of the revision to the test determining whether an Ontario court has jurisdiction over a matter (e.g. Club Resorts Ltd. v. Van Breda)
- Plus updated forms, precedents and pleadings
- Legal practitioners - Includes those practising in the areas of litigation, bankruptcy and insolvency, corporate/commercial and generalists. Helps lawyers advise clients on the most current creditor remedies available in Ontario. A must-have for lawyers wishing to start a claim; includes all the necessary precedents, forms and court pleadings - everything in one place
- Family lawyers - Helps lawyers who wish to enforce judgments for matrimonial and support payments
- Law libraries - Provides lawyers, law students and academics with a leading treatise on debtor and creditor law in Ontario
- Paralegals - Useful tool for all paralegals and law clerks who assist in starting and enforcing creditor claims
Table of contents
Chapter 1: Solicitor-Client Relations in Creditors' Remedies Cases
Chapter 2: Preliminary Considerations: Before You Sue
Chapter 3: Principles for Drafting Court Documents
Chapter 4: Statements of Claim and Defence
Chapter 5: Simplified Procedure
Chapter 6: Service of Documents
Chapter 7: Pre-Judgment Remedies
Chapter 8: Recovering Personal Property
Chapter 9: Termination of an Action
Chapter 10: Judgments
Chapter 11: Enforcement of Judgments
Chapter 12: Garnishment After Judgment
Chapter 13: Examination in Aid of Execution
Chapter 14: Reciprocal and Interjurisdictional Enforcement of Judgments
Chapter 15: Interpleader
Chapter 16: Small Claims
Chapter 17: Landlords and Tenants as Creditors
Chapter 18: Personal Property Security Act
Chapter 19: Repair and Storage Liens Act
Chapter 20: Bulk Sales, Oppressive Conduct and Fraudulent Preferences and Conveyances