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

June 8, 2022

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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