Enforcing Judgments and Orders, 2nd Edition
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In many cases, securing an order or judgment in a client's favour is just the first step; successfully executing and enforcing that order or judgment often requires additional time, effort, and guidance. That's exactly the kind of insight lawyers will gain with this latest edition of Enforcing Judgments and Orders. This volume offers step-by-step navigation through the most effective practices and strategies for executing and enforcing many types of orders and judgments in Ontario.
Detailed, practical information
Enforcing Judgments and Orders, 2nd Edition provides comprehensive coverage of this subject by setting out the applicable law, specifying the relevant requirements and delineating the options available to clients.
In addition to offering advice on the enforcement of monetary orders, this text includes recommendations on dealing with a full range of topics related to the executions of orders and judgments, such as:
- Family law judgments and support orders;
- Writs of seizure and sale;
- Pre-enforcement procedures;
- The Creditors' Relief Act;
- Execution of non-monetary orders such as declaratory judgments;
- Civil contempt citations;
- Bankruptcy and insolvency orders; and
- Foreign judgments and orders, including the requirements that must be met before a foreign judgment will be recognized and enforced.
The book also includes a range of hands-on, practical resources such as forms, precedents, checklists and references to the relevant legislation to help save time.
The latest developments
The second edition of Enforcing Judgments and Orders features discussions and commentary related to the most up-to-date jurisprudence and legislation in this important area, including the following developments:
- Updates on the Execution Act and the electronic filing of writs;
- Case law based on the Creditors' Relief Act that came into force in 2010 and includes numerous exceptions to the general rules dealing with priority and the Sheriff's duty to record and distribute funds received;
- The Chevron case which was released September 4, 2015 and changed the rules governing foreign judgments and orders by explicitly clarifying the state of the law on the enforcement of foreign judgments;
- The Interjurisdictional Support Orders Act which replaced the repealed Reciprocal Enforcement ofSupport Orders Act;
- Updated jurisprudence involving specific sections of statutes which are useful in enforcing judgments or have a bearing on a judgment creditor's rights, including the Bulk Sales Act, the Ontario Business Corporations Act and the Bankruptcy and Insolvency Act;
- A major update on obtaining as well as enforcing Anton Piller orders as a result of the Supreme Court of Canada's decision in Celanese Canada Inc. v. Murray Demolition Corp., including the new model Anton Piller order;
- The updated test for the granting of a Mareva injunction;
- A new examination of the enforcement of foreign injunctions;
- A brand new chapter on Small Claims Court enforcements; and
- Changes to the Family Law Rules from the Rules of Civil Procedure, including the suspension or refusal by authorities of passports, aviation and fishing licences, as well as updates on the enforcement of Family Law Arbitration Awards.
Civil litigators, government lawyers, and paralegals will find Enforcing Judgments and Orders, 2nd Edition particularly useful to their practices.
Table of contents
Chapter 1: Monetary Orders
Chapter 2: Declaratory Judgments
Chapter 3: Injunctions
Chapter 4: Foreign Judgments and Orders
Chapter 5: Civil Contempt Citations
Chapter 6: Enforcing Family Law Judgments and Orders
Chapter 7: Enforcement of Judgments in Small Claims Court
Chapter 8: Solicitors' Liens and Charging Orders
Appendix A: Motion to Compel Attendance at Examination in Aid of Execution
Appendix B: Fraudulent Conveyance Action
Appendix C: List of Enforcement Forms
Appendix D: Table of Enforcement Legislation
Appendix E: List of Statutes
Appendix F: Application Under Reciprocal Enforcement of Judgments Act
Appendix G: Action to Enforce Foreign Civil or Commercial Judgment
Appendix H: Application Under Rule 14.05(3) (d) and (g) of the Rules of Civil Procedure
Appendix I: Action for Declaratory and Injunctive Relief
Appendix J: Specific Legislation Conferring Jurisdiction to Award Declaratory Relief
Appendix K: Enforcing an Anton Piller Order
Appendix L: Motion for Contempt
Appendix M: Motion for Charging Order
Appendix N: Procedural Checklists