Stays of Enforcement - Revision history

Drew Jackson: /* Authority for stay of enforcement orders */

2018-10-12T19:18:07Z

Authority for stay of enforcement orders

← Older revision		Revision as of 19:18, 12 October 2018
Line 22:		Line 22:
	Under [http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-2(31), at the time of judgment or any time after, a judge may order a stay of enforcement of the judgment.		Under [http://canlii.ca/t/8lld Supreme Court Civil Rule] 13-2(31), at the time of judgment or any time after, a judge may order a stay of enforcement of the judgment.

			=== Granting of stay of enforcement orders===
	There is relatively little case law on stays of enforcement that does not involve an appeal. However, at least two BC cases demonstrate the possible use of the remedy. In ''Bank of Montreal v. Price'', the defendant brought third-party proceedings against his son and former daughter-in-law. The court ordered a five-year stay of enforcement against the former daughter-in-law, taking into consideration her inability to pay, her marital circumstances (divorced with custody of a child), and the close family relationship between the parties.		There is relatively little case law on stays of enforcement that does not involve an appeal. However, at least two BC cases demonstrate the possible use of the remedy. In ''Bank of Montreal v. Price'', the defendant brought third-party proceedings against his son and former daughter-in-law. The court ordered a five-year stay of enforcement against the former daughter-in-law, taking into consideration her inability to pay, her marital circumstances (divorced with custody of a child), and the close family relationship between the parties.

Drew Jackson at 14:44, 9 October 2018

2018-10-09T14:44:35Z

← Older revision		Revision as of 14:44, 9 October 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}

	In limited instances, a court may be persuaded to order a '''stay of enforcement''', prohibiting a creditor from taking judgment enforcement steps against a debtor.		In limited instances, a court may be persuaded to order a '''stay of enforcement''', prohibiting a creditor from taking judgment enforcement steps against a debtor.

	== Client problems==		== Client problems==
	* ~~One~~ or more creditors is demanding payment or suing the client for debts the client does not dispute.		* One or more creditors is demanding payment or suing the client for debts the client does not dispute.
	* Client has little or no income to pay on their debts.		* Client has little or no income to pay on their debts.
	* Client has little future prospect of being able to pay on their debts.		* Client has little future prospect of being able to pay on their debts.

	== Summary of the law==		== Summary of the law==
	[[File:Consumer_Law_and_Debt_-_Stays_of_Enforcement.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]		[[File:Consumer_Law_and_Debt_-_Stays_of_Enforcement.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]

Elena Renderos at 02:19, 1 October 2018

2018-10-01T02:19:38Z

← Older revision		Revision as of 02:19, 1 October 2018
Line 9:		Line 9:

	== Summary of the law==		== Summary of the law==
			[[File:Consumer_Law_and_Debt_-_Stays_of_Enforcement.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as [[Garnishment and Set-offs\|garnishment]] or [[Bailiffs, Court Bailiffs and Sheriffs\|seizure of assets]]. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed):		Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as [[Garnishment and Set-offs\|garnishment]] or [[Bailiffs, Court Bailiffs and Sheriffs\|seizure of assets]]. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed):
	* when a party has begun appeal proceedings, or		* when a party has begun appeal proceedings, or

Elena Renderos at 19:49, 19 September 2018

2018-09-19T19:49:55Z

← Older revision		Revision as of 19:49, 19 September 2018
Line 46:		Line 46:
	== Related topics and materials ==		== Related topics and materials ==
	See the other sections on enforcing court judgments:		See the other sections on enforcing court judgments:
	* Examination of ~~Debtors~~		* [[Examination of Debtors]]
	* Enforcing Judgments Against ~~Chattels~~		* [[Enforcing Judgments Against Chattels]]
	* Enforcing Judgments Against ~~Land~~		* [[Enforcing Judgments Against Land]]

	See related topics:		See related topics:
	* Assignments in ~~Bankruptcy~~		* [[Assignments in Bankruptcy]]
	* Consumer and Ordinary ~~Proposals~~		* [[Consumer and Ordinary Proposals]]
	* Garnishment and Set-offs		* [[Garnishment and Set-offs]]
	* Instalment Payment ~~Orders~~		* [[Instalment Payment Orders]]

Elena Renderos at 00:43, 17 September 2018

2018-09-17T00:43:18Z

← Older revision		Revision as of 00:43, 17 September 2018
Line 55:		Line 55:
	* Garnishment and Set-offs		* Garnishment and Set-offs
	* Instalment Payment Orders		* Instalment Payment Orders


	{{Consumer and Debt Law Navbox\|type = court}}		{{Consumer and Debt Law Navbox\|type = court}}

Elena Renderos at 00:27, 17 September 2018

2018-09-17T00:27:35Z

← Older revision		Revision as of 00:27, 17 September 2018
Line 33:		Line 33:
	Advocates should obtain a complete financial picture of the client, including income and expenses, and assets and liabilities. It is particularly important to determine whether there are any other creditors and the extent of the debtor’s assets. For this remedy to be viable, it should be evident that the client has little or no ability to pay the creditor’s claim, and that there are no other practical remedies available to the debtor.		Advocates should obtain a complete financial picture of the client, including income and expenses, and assets and liabilities. It is particularly important to determine whether there are any other creditors and the extent of the debtor’s assets. For this remedy to be viable, it should be evident that the client has little or no ability to pay the creditor’s claim, and that there are no other practical remedies available to the debtor.

	Court-level information is important because it governs what procedures to follow when applying for an instalment payment order. If the client has been sued, obtain all the relevant court documents from the client or from the court registry.		Court-level information is important because it governs what procedures to follow when applying for an [[Instalment Payment Orders\|instalment payment order]]. If the client has been sued, obtain all the relevant court documents from the client or from the court registry.

	If the client has not been sued, determine the amount owing to anticipate in which court an action might be brought.		If the client has not been sued, determine the amount owing to anticipate in which court an action might be brought.

Elena Renderos at 00:26, 17 September 2018

2018-09-17T00:26:25Z

← Older revision		Revision as of 00:26, 17 September 2018
Line 9:		Line 9:

	== Summary of the law==		== Summary of the law==
	Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as garnishment or seizure of assets. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed):		Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as [[Garnishment and Set-offs\|garnishment]] or [[Bailiffs, Court Bailiffs and Sheriffs\|seizure of assets]]. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed):
	* when a party has begun appeal proceedings, or		* when a party has begun appeal proceedings, or
	* when a debtor invokes remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''], such as an assignment in bankruptcy or consumer proposal.		* when a debtor invokes remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''], such as an [[Assignments in Bankruptcy\|assignment in bankruptcy]] or [[Consumer and Ordinary Proposals\|consumer proposal]].

	This section describes the limited instances where, in the absence of an appeal or any viable remedy being open to the debtor, the court may be persuaded to make an order specifically prohibiting the creditor from taking judgment enforcement steps. (Historically, this has been called a “stay of execution”. For the purposes of this publication, we use the term “stay of enforcement”.)		This section describes the limited instances where, in the absence of an appeal or any viable remedy being open to the debtor, the court may be persuaded to make an order specifically prohibiting the creditor from taking judgment enforcement steps. (Historically, this has been called a “stay of execution”. For the purposes of this publication, we use the term “stay of enforcement”.)

Elena Renderos at 03:59, 13 September 2018

2018-09-13T03:59:27Z

@@ Line 1: / Line 1: @@
 {{REVIEWEDPLS | reviewer = [[Alison Ward]]|date= August 2018}}{{Consumer and Debt Law TOC|expanded = enforcing}}
-{{ambox
+In limited instances, a court may be persuaded to order a '''stay of enforcement''', prohibiting a creditor from taking judgment enforcement steps against a debtor.
-| type       = content
-| small      = center
+== Client problems==
-| image      =
+* One or more creditors is demanding payment or suing the client for debts the client does not dispute.
-| smallimage =
+* Client has little or no income to pay on their debts.
-| textstyle  =
+* Client has little future prospect of being able to pay on their debts.
-| text       = This page is in the process of being updated. Please check back shortly.<br>
-| smalltext  =
+== Summary of the law==
-}}
+Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as garnishment or seizure of assets. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed):
 {{Consumer and Debt Law Navbox|type = court}}

Drew Jackson at 04:29, 29 August 2018

2018-08-29T04:29:42Z

← Older revision		Revision as of 04:29, 29 August 2018
Line 11:		Line 11:
	}}		}}

	{{Consumer and Debt Law Navbox\|type = ~~consumer~~}}		{{Consumer and Debt Law Navbox\|type = court}}

	{{Creative Commons for PLS		{{Creative Commons for PLS

Drew Jackson at 04:09, 29 August 2018

2018-08-29T04:09:11Z

← Older revision		Revision as of 04:09, 29 August 2018
Line 1:		Line 1:
	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= ~~June~~ 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = enforcing}}

	{{ambox		{{ambox