Creditors Remedies 2024
Course Date: April 30, 2024
Total: 5h 19min
Total Ethics: 1h
Course Date: April 30, 2024
Sherryl Dubo — McMillan Dubo Law Group, Kamloops
Hunter Parsons — Borden Ladner Gervais LLP, Vancouver
Catherine Ewasiuk — Fulton & Company Law Corporation, Vancouver
- Crown as unsecured creditor
- Crown prerogative over claims of equal degree
- Crown's deemed security in and after bankruptcy
- requirements to pay and enhanced requirements to pay
- Crown's deemed trust for unremitted source deductions and GST
- pros and cons of bankrupting a debtor
- requirements for a bankruptcy application
- powers of trustee
- preference payments and transfers at undervalue
- creditors' power to pursue their own proceedings
- recovery as condition of discharge
- pre-claim considerations
- litigation options, strategies, and risks
- fraudulent preference/conveyances
- investigatory orders and injunctions
- knowing receipt
- what is a "foreign judgment"?
- how is it enforced in BC?
- various defences to claims based on a foreign judgment
- application of the Court Order Enforcement Act
- developments in the enforcement of foreign non-monetary judgment
- instrument vs. court appointments
- receivership appointments in foreclosure proceedings
- sales and investment solicitation processes orders
- claims process orders
- orders approving professional fees
- discharges orders
- review of case law developments pertaining to the Builders Liens Act, including:
- change to the method of statutory interpretation
- increased liability for lien claimants for abuse of process
- increased willingness by courts to reduce lien security
- new Commercial Liens Act
David Volk — Jenkins Marzban Logan LLP, Vancouver
- Law Society of BC rules/requirements
- strategies
- dealing with judgments
- how to obtain a writ
- what assets can be seized and sold
- what assets are exempt from seizure
- working with court bailiffs
- searches to locate assets
- sharing among creditors under the Creditors Assistance Act
- coming into force in 2025
Scott R. Andersen — Lawson Lundell LLP, Kelowna
Sherryl Dubo — McMillan Dubo Law Group, Kamloops
Hunter Parsons — Borden Ladner Gervais LLP, Vancouver
Peter Powers — Principal, Accurate Bailiff Group, Burnaby
Aminollah Sabzevari — Department of Justice Canada, Adjunct Professor, Peter A. Allard School of Law, Vancouver
Contributor(s):
Creditors Remedies
» Acting for the creditor, Acting for the debtor, Bankruptcy remedies in the collection process, Equitable remedies, Fraudulent conveyances and preferences, Injunctions and preservation orders, Prejudgment garnishment, Priorities, Proceeding to judgment
Litigation
» Bankruptcy and insolvency litigation, Ethics
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Slides: Crown Remedies and Priorities
Paper: Crown Remedies and Priorities
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