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Lecture 7

LEGL 260 Lecture 7: Module Seven
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3 Pages
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Spring 2018

Department
Legal Studies
Course Code
LEGL-260
Professor
Robert McKay
Lecture
7

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Module Seven
Acting for the Unsecured Creditor
What are some concerns of giving remedies before judgment?
Has not yet been determined that the debt is actually owing
Pre Judgment Remedies
Attachment Order (CEA s.17)
You would have to show:
1. Reasonable likelihood that the claim will be successful
2. Reasonable grounds to believe the defendant is dealing with its
property:
Otherwise than for reasonable and ordinary business or living expenses
In a manner likely to seriously hinder the creditor in the enforcement
of a judgment
**May also be granted if the debtor is about to leave the province.
**Creditor must undertake to pay any damages that result and must
indemnify the court and other parties.
May be required to post security (judge would estimate the damages,
and would require the creditor to pay amount in trust until the
process is done)
Applied to all or specific property
Prohibit any dealing with the property by the defendant or impose
restrictions
Require property be delivered up
Authorize issuance of a garnishee summons
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Description
Module Seven Acting for the Unsecured Creditor What are some concerns of giving remedies before judgment? Has not yet been determined that the debt is actually owing Pre Judgment Remedies Attachment Order (CEA s.17) You would have to show: 1. Reasonable likelihood that the claim will be successful 2. Reasonable grounds to believe the defendant is dealing with its property: Otherwise than for reasonable and ordinary business or living expenses In a manner likely to seriously hinder the creditor in the enforcement of a judgment **May also be granted if the debtor is about to leave the province. **Creditor must undertake to pay any damages that result and must indemnify the court and other parties. May be required to post security (judge would estimate the damages, and would require the creditor to pay amount in trust until the process is done) Applied to all or specific property Prohibit any dealing with the property by the defendant or impose restrictions Require property be delivered up Authorize issuance of a garnishee summons
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