Collections Practice Basics 2015


Course Date: October 28, 2015

Total: 5h 7min
Course Agenda ▼

Welcome and Introduction

Creditors' Remedies: Strategic Overview

  • developing strategies for identification of claims, remedies, parties, and prospective recoveries
  • investigations and searches
  • jurisdiction and forum
  • pre-claim statutory and contractual considerations
  • law practice management
  • reference chapters 1 & 3, British Columbia Creditors' Remedies—An Annotated Guide

Matthew G. Swanson — Borden Ladner Gervias LLP, Vancouver

Pre-judgment Do's and Don'ts

  • business practices and Consumer Protection Act issues: rules for collectors
  • pre-litigation demands and related notices
  • commencing an action
  • pre-judgment garnishment
  • forbearance agreements and early settlement
  • pleading for default
  • injunctions
  • reference chapters 1, 2, 6 & 10, British Columbia Creditors' Remedies—An Annotated Guide

Peter J. Roberts — Lawson Lundell LLP, Vancouver

Networking Break

Post-judgment: Enforcement and Recovery

  • post-judgment garnishment including RRSPs and term deposits
  • seizure of shares
  • enforcement against real property
  • enforcement of foreign judgments and extra-provincial Canadian judgments
  • enforcement in foreign jurisdictions and other provinces
  • reference chapters 7 & 8, British Columbia Creditors' Remedies—An Annotated Guide

Scott R. Andersen — Gowling Lafleur Henderson LLP, Vancouver

Proposed New Legislation: Enforcement of Money Judgments Act

  • the British Columbia Law Institute’s recommended legislation for the enforcement of money judgments in British Columbia
  • the proposed Enforcement of Money Judgments Act would replace BC’s current Court Order Enforcement Act and would be similar to legislation in Alberta, Saskatchewan, and Newfoundland and Labrador
  • the new act would be based on the Enforcement of Civil Judgments Act, adopted by the Uniform Law Conference of Canada in 2003, and on recommendations made in 2005 by the British Columbia Law Institute (BCLI)

Kimberley A. Robertson — Lawson Lundell LLP, Vancouver

Acting for the Debtor

  • magical defences
  • tricks of the trade
  • dealing with judgments
  • setting aside garnishment
  • reference chapter 14, British Columbia Creditors' Remedies—An Annotated Guide

John D. Shields — Shields Harney, Vancouver

Lunch

Fraudulent Transactions

  • fraudulent conveyances and preferences
  • sham trusts
  • reference chapter 11, British Columbia Creditors' Remedies—An Annotated Guide

Kimberley A. Robertson — Lawson Lundell LLP, Vancouver

Debt Protesters: The Vexatious Defendants

  • what is a debt protestor?
  • what can you expect from them?
  • managing client expectations
  • strategies for ending the madness

Robert Dawkins — Borden Ladner Gervais LLP, Vancouver

Networking Break

Working with Self-Represented Litigants

  • ethical obligations
  • strategies for managing cost and the process
  • helping the court—it's adversarial but your adversary may not know the rules of the game

Alastair Wade — Shields Harney, Vancouver

View from the Bench: How to Run a Summary Trial

  • things that should and should not go into affidavits
  • practice pitfalls and common mistakes in summary trial proceedings
  • effective ways to snatch defeat from the jaws of victory

The Honourable Mr. Justice Barry M. Davies — Supreme Court of BC, Vancouver

Questions and Discussion