Enforcing Judgments Against Land: Difference between revisions
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Enforcing Judgments Against Land (view source)
Revision as of 19:16, 12 October 2018
, 12 October 2018→Starting the enforcement action
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=== Procedure for an enforcement action=== | === Procedure for an enforcement action=== | ||
====Starting | ====Starting an enforcement action==== | ||
Enforcement actions for the sale of land must be brought in Supreme Court under sections 92 to 113 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']. These sections provide a code for the procedure for having the property sold. The judgment creditor’s first step is to register the judgment against the debtor’s property in the Land Title Office. | Enforcement actions for the sale of land must be brought in Supreme Court under sections 92 to 113 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act'']. These sections provide a code for the procedure for having the property sold. The judgment creditor’s first step is to register the judgment against the debtor’s property in the Land Title Office. | ||
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== Information gathering== | == Information gathering== | ||
===Learn the circumstances=== | ===Learn all the circumstances=== | ||
Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors? | Confirm which parties the creditor is making a claim against. For example, is the claim against one of two spouses? Is it against both spouses? Is it against guarantors? | ||
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Based on the case law, there are a number of possible outcomes. In extreme circumstances, the court might be persuaded to dismiss the action at the show cause stage if a sale would produce extreme hardship for one or more of the judgment debtors. | Based on the case law, there are a number of possible outcomes. In extreme circumstances, the court might be persuaded to dismiss the action at the show cause stage if a sale would produce extreme hardship for one or more of the judgment debtors. | ||
The court might be persuaded to order a deferral of the sale at the final hearing when the registrar’s report is considered. Section 96 of the [http://canlii.ca/t/84h5 Court Order Enforcement Act] provides in part: “where a premises situated on the land … of a judgment debtor is the home of the debtor, the court may defer the sale, subject to the performance by the judgment debtor of terms and conditions of payment or otherwise as the court imposes.” | The court might be persuaded to order a deferral of the sale at the final hearing when the registrar’s report is considered. Section 96 of the [http://canlii.ca/t/84h5 ''Court Order Enforcement Act''] provides in part: “where a premises situated on the land … of a judgment debtor is the home of the debtor, the court may defer the sale, subject to the performance by the judgment debtor of terms and conditions of payment or otherwise as the court imposes.” | ||
The court might be persuaded to defer the order for sale to allow the debtor to try to sell the property. The advantage of this approach is that the debtor may be able to get a better price for the property than if the property is sold by the court bailiff. | The court might be persuaded to defer the order for sale to allow the debtor to try to sell the property. The advantage of this approach is that the debtor may be able to get a better price for the property than if the property is sold by the court bailiff. | ||
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* [[Mortgages and Foreclosure]]
| * [[Mortgages and Foreclosure]]
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* [[Instalment Payment Orders]]
| * [[Instalment Payment Orders]]
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* [[ | * [[Lawyers' Fees]]
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{{Consumer and Debt Law Navbox|type = court}} | {{Consumer and Debt Law Navbox|type = court}} | ||
