Open main menu

Clicklaw Wikibooks β

Changes

Stays of Enforcement

137 bytes added, 00:26, 17 September 2018
no edit summary
 
== Summary of the law==
Once a creditor has a judgment against a debtor, the creditor can usually take judgment enforcement steps, such as [[Garnishment and Set-offs|garnishment ]] or [[Bailiffs, Court Bailiffs and Sheriffs|seizure of assets]]. There are exceptions to this general rule. For example, courts may order a stay of enforcement (the order is postponed):
* when a party has begun appeal proceedings, or

* when a debtor invokes remedies under the [http://canlii.ca/t/7vcz ''Bankruptcy and Insolvency Act''], such as an [[Assignments in Bankruptcy|assignment in bankruptcy ]] or [[Consumer and Ordinary Proposals|consumer proposal]].

This section describes the limited instances where, in the absence of an appeal or any viable remedy being open to the debtor, the court may be persuaded to make an order specifically prohibiting the creditor from taking judgment enforcement steps. (Historically, this has been called a “stay of execution”. For the purposes of this publication, we use the term “stay of enforcement”.)
1,621
edits