Enforcement against judgment debtors often requires recourse to Rule 60 of the Rules of Civil Procedure. The Rule sets out various enforcement mechanisms, including writs of seizure, sale, and garnishment. Rule 60.18 also sets out how a judgment creditor may examine a debtor about their income and property, also known as an examination in aid […]
Category Archives: Asset Recovery & Enforcement
The Limitation Period for Unpaid Debt May be Refreshed
Limitation periods are the time in which a party must start their claim against another party. If a party fails, they lose the right to commence the claim and all or benefit from its accompanying remedies. In Ontario, the Limitations Act outlines the basic two-year limitation period which applies to most claims. The limitation period […]
Which Limitation Period Applies When Enforcing a Foreign Judgment?
In commercial litigation matters, parties may obtain and seek to enforce judgments made outside of Ontario in commercial litigation matters. In cross-border disputes, a party seeking to enforce a foreign judgment must proceed through a particular legal process within the appropriate time frame for a provincial court to recognize and enforce the foreign judgment. A […]
Guarding Your Digital Fortress Against Data Scraping
On August 24, 2023, the Office of the Privacy Commissioner of Canada, in conjunction with 11 other global privacy authorities (“Regulators”), issued a joint statement (the “Joint Statement”) regarding privacy protection and data scraping. This blog post will provide an overview of data breaches and data scraping and explain the potential consequences of such privacy […]
Consequences of Non-Compliance with a Mareva Injunction
Injunctive relief, such as a Mareva order, is powerful in civil litigation cases. This type of legal remedy may be requested and granted in certain situations where it is appropriate to freeze a defendant’s assets before trial to ensure they cannot be depleted. To spend any money, the party must seek authorization from the court. […]
Pandemic Equipment Business Tries to Back Out of Promissory Note
Getting into a business arrangement with a new partner can be an exciting time, with the prospect of new opportunities and successes on the horizon. Therefore, it is essential to ensure that a new business is structured correctly to maximize success. However, from time to time, business deals may not go as planned, and disputes […]
Injunctive Relief and Old Trees
Injunctive relief is a powerful legal remedy used to prevent a party from continuing to engage in an unlawful activity or to enforce a legal right. The Ontario Superior Court recently granted an interim injunction in a contentious case involving the removal of 200-year-old trees at Osgoode Hall. In light of this case, this blog […]
Court Denies Permanent Injunction Regarding University Vaccine Policy
An injunction is a court order that either prohibits certain actions or behaviour, or compels a party to take a certain action. Injunctions may be awarded in various civil matters, from civil fraud, in which an injunction may be granted to prevent a party from disposing of or destroying certain property, to contract disputes, in […]
Receiver, Investors at Odds Over Best Method to Recover Investment Losses
Bridging Finance is an Ontario private-debt fund that touted itself as a seemingly risk-proof investment option but has been facing intense scrutiny for the past couple of years by the Ontario Securities Commission over concerns of investment fraud. Now, investors are facing losses of over $1 billion dollars as an appointed receiver is struggling to […]
SCC Clarifies Requirements for Enforcing Foreign Judgments in Ontario
Enforcing a judgment obtained in Ontario can be a challenge when the party ordered to pay damages is reluctant to abide by the order, or if the party is unable to pay the amount awarded in court. However, Ontario courts and successful parties are equipped with various methods of enforcing these awards, such as garnishment […]