Your British Columbia source on debt recovery and collections
This publication is essential for: lawyers retained to collect debts owed to their clients, and lawyers retained to act for debtors.
Current to: July 1, 2015
You told us how we can help you to provide services in the creditor-debtor area, and your suggestions have directed the development of this major practice manual. Written by noted experts in the field and reviewed by a seasoned editorial board, British Columbia Creditors' Remedies—An Annotated Guide offers more than 400 pages of annotated precedents, with step-by-step instructions to guide you through each type of file and through each type of application in the British Columbia Supreme Court.
This book gives clear, practical explanations of how to commence an action, how to handle prejudgment collections, and how to use execution proceedings effectively. The first part of the book describes how to evaluate and manage collections claims, and includes "Searches at a Glance" charts for efficient assessment of debtor assets. The second part of the book includes practical commentary on key issues in the creditor-debtor area, including injunctions, garnishment, debtor examinations, writs of execution, foreclosures, equitable remedies, receiverships, bankruptcy proceedings, fraudulent conveyances and preferences, guarantee actions, and priorities. A final chapter examines special considerations that apply when acting for the debtor.
The book is updated regularly. Subscriptions include online access with search capability and links to the full text of case law and legislation, and annotated precedents on CD-ROM.
Highlights of the 2015 Update
- annotated notice of application for production of documents ahead of examination in aid of execution
- revised “Injunctions and Preservation Orders” chapter
- model Mareva injunction order, requirements for variation
- two non-standard Mareva injunction orders
- model discharge order for receiver or receiver-manager
- administrative notice for proceedings before a registrar in bankruptcy—standard order; discharge terms
- BCSC Registrar confirms continued use of bankruptcy petitions
- place of examination of a foreign debtor
- summary trial for fraudulent transaction cases: SCC endorsement of summary processes
- duelling authorities: availability to mortgagee of equitable receiver or receiver/manager
- potential law reform: enforcing monetary judgments against land
- conditional debt not available for attachment
- Family Homes on Reserves and Matrimonial Interests or Rights Act
- enforcement by band creditor against debtor’s right of possession of reserve lands
- Indian child support enforcement against property located on reserve
- BCCA: no equitable overriding of PPSA priority scheme; overturning BCSC cases on release of garnishing order; ruling on charitable “sham trust”
- other case law:
- inherent jurisdiction of BC superior court to order sequestration
- what constitutes a “liquidated amount” for prejudgment garnishment purposes
- payment of portion of judgment debt as condition of bankruptcy discharge
- risk of general denial of a claim and tips for better pleading
- discounted value as “good consideration” in fraudulent transaction
- scope of examination of bankrupt
- interval between charging order nisi and order absolute
- granting conduct of sale at order nisi hearing
- default location for examination in aid of execution (where disputed)
- crafting remedies for contempt
- situation on reserve of business income earned from commercial fishing
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CLEBC Legal Editor
L. Joy Tataryn