Halsbury’s Laws of Canada – Debtor and Creditor (2022 Reissue)

June 8, 2022


Halsbury’s Debtor and Creditor (2022 Reissue) 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.

Authored by Milton Davis and Catherine Morin, this valuable title includes a discussion of important issues such as:

  • Statutory framework
  • Debt repayment and set-off
  • Common law, statutory, equitable and repairers’ liens
    • Creation, validity and enforcement of liens
    • Liens on motor vehicles and other chattels
  • Pre-judgment remedies
  • Pre-judgment garnishment
  • Enforcing judgments and orders
    • Examination of debtor
    • Garnishment after judgment
    • Legal execution
    • Seizure and sale of personal property
    • Seizure and sale of land
    • Death of a debtor
    • Exemptions from execution and garnishment
    • Priorities on distribution of proceeds
  • Additional remedies for creditors
    • Fraudulent conveyances and fraudulent or unjust preferences
    • Equitable execution
    • Arrest and imprisonment of debtor