CPD: Enforcing a Judgment: Getting Paid on Orders from Tribunals or Small Claims Court

Session 1:

Starting the Process

Learn about, among other things:

• The transfer of an Order from a Tribunal to the Small Claims Court;
• The required Affidavit for Enforcement Request;
• The proper calculation of interest;
• The proper calculation of costs;
• The much more that professional litigators should know about enforcement procedures.

Materials Included:

• A handout containing extensive reference materials including, where applicable, case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A flexible calculation worksheet to assist with the calculation of interest and costs, among other things.

Session 2:

Debtor Examination Hearing

Learn about, among other things:

• The parties or persons who may be examined;
• The issuing and service of Noice of Examination documents;
• The information and details that should be sought at an Examination hearing; and
• The much more that professional litigators should know about conducting a Debtor Examination Hearing.

Materials Included:

• A handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A sample Debtor Examination Hearing worksheet to assist and guide the legal practitioner when seeking to discover income and asset details while conducting an examination.

Session 3:

Garnishment Procedures

Learn about, among other things:

• The various documents required for issuance and service upon the Garnishee and the Judgment Debtor;
• The law, including exceptions, as applicable to garnishment limits per the Wages Act;
• The concerns for failure to co-operate by a garnishee including the garnishment absolute process; and
• The much more that professional litigators should know about Garnishment procedures.

Materials Included:

• A handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A few sample Garnishment process documents for convenient future use when bringing a Motion within the Small Claims Court.

Session 4:

Filing Various Writs

Learn about, among other things:

• The issuing and filing of a Writ within the proper jurisdiction;
• The types of property upon which the Writ is eligible including personal property and real property;
• The strategies for when to merely issue and file a Writ and when to enforce the Writ with seizure and sale of the relevant property;
• The manner in which the property asset will be sold at a public auction with the proceeds being used to satisfy the judgment, minus any applicable fees and costs;
• The duration of the Writ and process for renewing a Writ and what remedies may be available to cure the failure to proper renew a Writ;
• The much more that professional litigators should know about the issuing, filing, and enforcing of a Writ.

Materials Included:

• A handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A sample Writ of Seizure and Sale for convenient future reference when preparing a Writ.

Session 5:

Investigations

Learn about, among other things:

• The licensing mandates and other requirements of investigation services;
• The concerns to review when selecting an investigation or skip tracing agency including the ethical standards and legal requirements for minimizing the risk of repercussions legal practitioners;
• The practicalities and benefits of using a third party investigation or skip tracing service when attempting to locate a debtor or income sources and assets of a debtor; and
• The much more that professional litigators should know about investigation processes including skip tracing, among other things.

Materials Included:

• A handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A sample Report document for what to expect from an investigator or skip tracer responding to the requests for assistance from a legal practitioner.