Halsbury's Laws of Canada - Debtor and Creditor (2014 Reissue)

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433478294


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A right without a remedy is no right at all, and this is no better demonstrated than with respect to the ability to collect debts that are owed. This valuable title deals with the collection by unsecured creditors of debts owed by solvent debtors and discusses the federal-provincial overlap in the area of insolvency that results in many provincial statutes having application to insolvent debtors. Includes a discussion of important issues such as:

Special Features


Table of Contents

I. Introduction
1. Federal and Provincial Framework
2. Debt Repayment
3. Set-off
II. Liens
1. Common Law Liens
2. Equitable Liens
3. Statutory Liens
4. Repairers' Liens
III. Pre-judgment Remedies
1. Presumption against Execution Before Judgment
2. Pre-judgment Remedies Attaching Assets
3. Pre-judgment Garnishment
IV. Enforcing Judgments or Orders
1. Introduction
2. Examination of Debtor
3. Garnishment after Judgment
4. Execution against Debtor's Assets
5. Exemptions from Execution and Garnishment
6. Priorities on Distribution of Proceeds
V. Additional Remedies for Creditors
1. Introduction
2. Fraudulent Conveyances and Fraudulent or Unjust Preferences
3. Equitable Execution
4. Arrest and Imprisonment of Debtor


Milton Davis, B.A., LL.B., Catherine Morin, B.Mus. (Hons.), LL.B.

Milton Davis, B.A., LL.B., is a partner in the litigation group at Fogler Rubinoff LLP. Previously, he was the managing partner of Davis Moldaver LLP. Mr. Davis has practiced extensively in the areas of banking and real estate litigation, corporate and shareholder disputes, mortgage remedies and professional negligence. He is certified as a specialist in civil litigation. Mr. Davis has been involved as counsel in over 200 reported decisions, at all levels including the Supreme Court of Canada. He has been involved in a number of the leading cases involving professional negligence claims against lawyers and others. He has also acted in many significant real estate and mortgage cases at both the trial and appellate level. Mr. Davis is listed as a leading practioner in both Lexpert and Best Lawyers in Canada. For over twenty-five years, Mr. Davis has represented some of the largest financial institutions in Canada. Accordingly, he continues to be on the recommended list of counsel for one of Canada's largest banks. He has lectured and written extensively in the areas of real estate, mortgage remedies, injunctions, advocacy and trial advocacy. He has lectured and taught at the Osgoode Hall Law School Trial Advocacy Program, and the Bar Admission Course. He continues to lecture and teach at various continuing education programs. In 2014, he served as Chair of the Osgoode Professional Development Centre's Short Course in Debtor-Creditor Litigation.

Catherine Morin, B.Mus. (Hons.), LL.B., is a legal researcher and writer for LexisNexis Canada Inc., where she serves as law and content editor for Halsbury's® Laws of Canada. A former practitioner, Ms. Morin has been responsible for re-structuring and overseeing the production of various digest products, including NetLetters&™ and the Canadian Weekly Law Sheet, where her duties included editing and writing case law summaries spanning a broad range of legal topics. She is also Author of several Halsbury's Laws of Canada, First Edition titles, including Gifts, Holidays Hospitality, Missing Persons and Absentees, Roads, Highways and Bridges, and has served as a contributing Editor on others, such as Infants and Children.

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