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This volume offers step-by-step navigation through the most effective practices and strategies for executing and enforcing many types of orders and judgments in Ontario.
In many cases, securing an order or judgment in a client's favour is just the first step; successfully executing and enforcing that order or judgment often requires additional time, effort, and guidance. That's exactly the kind of insight lawyers will gain with this latest edition of Enforcing Judgments and Orders. This volume offers step-by-step navigation through the most effective practices and strategies for executing and enforcing many types of orders and judgments in Ontario.
Detailed, practical information Enforcing Judgments and Orders, 2nd Edition provides comprehensive coverage of this subject by setting out the applicable law, specifying the relevant requirements and delineating the options available to clients.
In addition to offering advice on the enforcement of monetary orders, this text includes recommendations on dealing with a full range of topics related to the executions of orders and judgments, such as:
Family law judgments and support orders;
Writs of seizure and sale;
Pre-enforcement procedures;
The Creditors' Relief Act;
Garnishment;
Execution of non-monetary orders such as declaratory judgments;
Injunctions;
Civil contempt citations;
Bankruptcy and insolvency orders; and
Foreign judgments and orders, including the requirements that must be met before a foreign judgment will be recognized and enforced.
The book also includes a range of hands-on, practical resources such as forms, precedents, checklists and references to the relevant legislation to help save time.
The latest developments The second edition of Enforcing Judgments and Orders features discussions and commentary related to the most up-to-date jurisprudence and legislation in this important area, including the following developments:
Updates on the Execution Act and the electronic filing of writs;
Case law based on the Creditors' Relief Act that came into force in 2010 and includes numerous exceptions to the general rules dealing with priority and the Sheriff's duty to record and distribute funds received;
The Chevron case which was released September 4, 2015 and changed the rules governing foreign judgments and orders by explicitly clarifying the state of the law on the enforcement of foreign judgments;
The Interjurisdictional Support Orders Act which replaced the repealed Reciprocal Enforcement ofSupport Orders Act;
Updated jurisprudence involving specific sections of statutes which are useful in enforcing judgments or have a bearing on a judgment creditor's rights, including the Bulk Sales Act, the Ontario Business Corporations Act and the Bankruptcy and Insolvency Act;
A major update on obtaining as well as enforcing Anton Piller orders as a result of the Supreme Court of Canada's decision in Celanese Canada Inc. v. Murray Demolition Corp., including the new model Anton Piller order;
The updated test for the granting of a Mareva injunction;
A new examination of the enforcement of foreign injunctions;
A brand new chapter on Small Claims Court enforcements; and
Changes to the Family Law Rules from the Rules of Civil Procedure, including the suspension or refusal by authorities of passports, aviation and fishing licences, as well as updates on the enforcement of Family Law Arbitration Awards.
Civil litigators, government lawyers, and paralegals will find Enforcing Judgments and Orders, 2nd Edition particularly useful to their practices.
Chapter 1: Monetary Orders Chapter 2: Declaratory Judgments Chapter 3: Injunctions Chapter 4: Foreign Judgments and Orders Chapter 5: Civil Contempt Citations Chapter 6: Enforcing Family Law Judgments and Orders Chapter 7: Enforcement of Judgments in Small Claims Court Chapter 8: Solicitors' Liens and Charging Orders Appendix A: Motion to Compel Attendance at Examination in Aid of Execution Appendix B: Fraudulent Conveyance Action Appendix C: List of Enforcement Forms Appendix D: Table of Enforcement Legislation Appendix E: List of Statutes Appendix F: Application Under Reciprocal Enforcement of Judgments Act Appendix G: Action to Enforce Foreign Civil or Commercial Judgment Appendix H: Application Under Rule 14.05(3) (d) and (g) of the Rules of Civil Procedure Appendix I: Action for Declaratory and Injunctive Relief Appendix J: Specific Legislation Conferring Jurisdiction to Award Declaratory Relief Appendix K: Enforcing an Anton Piller Order Appendix L: Motion for Contempt Appendix M: Motion for Charging Order Appendix N: Procedural Checklists
Edwin G. Upenieks, B.Sc (Hons.), LL.B., chairs Lawrences’ Litigation Group, having practised as a litigator since his call to the Bar in 1983. Ed has a breadth and depth of litigation experience and involvement as lead counsel on numerous significant cases, and has been certified by the Law Society of Upper Canada as a Specialist in Civil Litigation since 1998.
Ed is a prolific writer on legal topics and published in 2016 the second edition of Enforcing Judgments and Orders. In 2015 - 2016, Ed served as the elected President of the Ontario Bar Association, representing 17,000 lawyers, law students, professors and judges in Ontario. Ed is also ranked in the Canadian Lexpert Directory for 2018 as a leading litigator.
The late Robert J. Van Kessel, B.A. (Hons.), LL.B., spent his entire legal career practising with the partnership of Lawrence, Lawrence, Stevenson, LLP. His practice specialty involved insolvency and commercial litigation matters. Robert wrote prolifically, contributing papers and presentations to the Ontario Bar Association, and authoring or co-authoriing six legal texts. His legal publications include Enforcing Judgments and Orders, Summary Judgment and Dispositions Before Trial, Interim Receivers and Monitors, Dispositions without Trial, and The Law of Fraud. He also assisted with the preparation of the volume "Receivers" in the 2006 edition of LexisNexis Canada's Halsbury's Laws of Canada.