Civil Enforcement: Status Report 1999

1999 Winnipeg, MB
Civil Enforcement: Status Report
British Columbia
Winnipeg, Manitoba
August 15-19, 1999


Background

[1]   At the 1998 meeting of the Section in Halifax, there was an extended discussion of the topic of civil enforcement legislation in Canada. The point of departure for these discussions were materials prepared by the Alberta and Newfoundland Commissioners outlining reforms introduced in those two provinces relating to the enforcement of judgments.

[2]  At the conclusion of its deliberations, the Section passed the following resolution:

Resolved

(1)  That the Steering Committee be directed to establish a working group to recommend legislative options to deal with the issues identified in the papers presented by the Alberta and Newfoundland Commissioners

(2)   That the Report appear in the 1998 proceedings

Subsequent Developments

[3]  This project was discussed by the Steering Committee on several occasions in an effort to identify the best way to approach it. Some members of the Steering Committee had previously worked on large projects in relation to the enforcement of judgments. They stressed that such a project is a major undertaking which requires that significant resources be devoted to it. Before creating a working group on this topic, it would be highly desirable to identify a jurisdiction or body that would be prepared to provide leadership on this project and ensure that the necessary resources are available.

[4]  With this in mind, the British Columbia Law Institute submitted a proposal to the government of British Columbia seeking support for a project on this topic. The proposed project would focus both on improvements to British Columbia Law and providing the necessary leadership and support to carry forward the ULCC project. As of the date this Report was prepared, the British Columbia Law Institute had not received any definitive response to its proposal.

[5]  If the Institute does receive the support required, the possibility exists for a cooperative venture with Saskatchewan where it appears that work will commence on a project on this topic in the autumn of 1999.

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