Mod 9 p.1 Flashcards
What is the purpose of a pre-judgment remedy?
-if the creditor believes that the debtor may deal with or harm the property in a way that would hurt the creditor enforcing their judgment against the debtor
What’s the term for when a debtor is about to leave the province with the property to avoid paying the creditor?
Absconding
What is the term for when a debtor destroys the value of the property?
Wasting
When can a creditor apply for an Attachment Order, with or without notice?
prior to or after filing the Statement of Claim
What forms are needed to apply for an Attachment Order?
-an Application (Form 27)
-An Affidavit (Form 49)
-a draft order
What must the creditor prove in order to obtain an Attachment Order?
-reasonable likelihood that the claim against the debtor will be successful
-reasonable likelihood that the debtor will harm their own property
What are three things the court can do when granting an Attachment Order?
-prevent the debtor from dealing with the property
-authorize the clerk to issue a Garnishee Summons
-direct that the Order applies to all or some of the debtor’s property
The court cannot grant the Attachment Order unless the creditor agrees to:
-give the court any undertaking it considers advisable
-provide security ($$$) in respect of the undertaking
When does an Attachment Order, granted ex-parte expire?
21 days after it is granted, or if the action is dismissed by the court or discontinued by the plaintiff
When does an Attachment Order with Notice expire?
60 days after it was granted, or if the action is dismissed by the court or discontinued by the plaintiff
Where must an Attachment Order be registered after being granted?
-Personal Property Registry
-LTO (if the Order applies to real property)
What is the goal of an Attachment Order?
-to preserve the debtor’s assets so the unsecured creditor has assets to seize or garnish once they obtain a Judgment
