Part 1 — Attachment of Debts
1. In this Part
"debt or money accruing due", and any expression of similar import, includes wages or salary that would in the ordinary course of employment become due or payable within 7 days after the day on which an affidavit has been sworn under section 4 (1);
"judge" means a judge of the Supreme Court and, for proceedings in the Provincial Court of British Columbia, includes a judge of that court;
"registrar" means a district registrar or deputy district registrar of the Supreme Court, and
(b) for proceedings in the Provincial Court under the Small Claims Act, a registrar appointed under section 20 (1) of that Act;
"wages" includes salary, commissions and fees, and any other money payable by an employer to an employee for work or services performed in the course of employment of the employee; but it does not include deductions from wages made by an employer under an Act of the Legislature of any province or the Parliament of Canada.
Historical Note(s): RS1960-20-2(1); 1971-6-1; 1989-38-23(part); 1989-40-50.
2. [Repealed 1989-40-52.]
3. The registrar may authorize a person employed in his office to exercise any or all of the powers and duties of the registrar under this Part, and in that event a power or duty exercised by the person under that authority shall be deemed to have been exercised by the registrar.
Historical Note(s): 1963-4-2.
4. (1) A judge or a registrar may, on the ex parte application of
(a) a plaintiff in an action; or
(b) a judgment creditor or person entitled to enforce a judgment or order for the payment of money,
on affidavit by himself or his solicitor or some other person aware of the facts, stating,
(c) in case a judgment has been recovered or an order made,
(i) that it has been recovered or made; and
(ii) the amount unsatisfied; or
(d) in case a judgment has not been recovered,
(i) that an action is pending;
(ii) the time of its commencement;
(iii) the nature of the cause of action;
(iv) the actual amount of the debt, claim or demand; and
(v) that it is justly due and owing, after making all just discounts,
and stating in either case
(e) that any other person, hereafter called the garnishee, is indebted or liable to the defendant, or judgment debtor, or person liable to satisfy the judgment or order, and is in the jurisdiction of the court; and
(f) with reasonable certainty, the place of residence of the garnishee,
order that all debts due from the garnishee to the defendant, or judgment debtor, or person liable to satisfy the judgment or order, as the case may be, shall be attached to the extent necessary to answer the judgment recovered or to be recovered, or the order made, as the case may be.
(2) A similar order for the attachment of debts due from a garnishee to a defendant may be made by a judge or registrar on application by or on behalf of a plaintiff who has filed an affidavit in or to the effect of Form A in Schedule 1 and has issued a writ or a summons, as the case may be, for the amount of his claim against the defendant.
(3) No order shall be made under this Part for the attachment of a debt due to an employee for his salary or wages before a judgment or order for the payment of money has been obtained against him in the proceeding.
(4) Except as otherwise provided in this Part, 70% of any wages due by an employer to an employee is exempt from seizure or attachment under a garnishing order issued by a judge or registrar; but in no case shall the amount of the exemption allowed under this subsection be less than
(a) in the case of a person without dependents, $100 per month, or proportionately for a shorter period; and
(b) in the case of a person with one or more dependents, $200 per month, or proportionately for a shorter period.
(5) Subsection (4) (a) does not apply where the debt is contracted for board or lodging; and subsection (4) (b) does not apply where the debt is contracted for board or lodging and in the opinion of the judge or registrar, the exemption set out in paragraph (b) of it is not necessary for the support and maintenance of the debtor's dependants.
(6) Notwithstanding any other provision of this Part, where the wages of a person are seized or attached under
(a) a court order for alimony or maintenance;
(b) a duly executed separation agreement; or
(c) an order under section 17 (2) of the Family Maintenance Enforcement Act,
the exemption allowed to that person is 50% of any wages due where the wages due do not exceed $600 per month, and is 33 1/3% for wages in excess of $600 per month; but in no case shall the amount of the exemption allowed under this subsection be less than $100 per month, or proportionately for a shorter period.
(7) In this section, the expressions "debt due" and "debts due" include debts, obligations and liabilities owing, payable or accruing due and wages that would in the ordinary course of employment become owing, payable or due within 7 days after the date on which an affidavit has been sworn under subsection (1) or subsection (2).
Historical Note(s): 1962-6-2; 1963-4-3; 1964-3-2; 1965-50-2; 1968-12-26; 1971-6-2; 1988-3-51.
5. (1) A creditor who has proceeded by way of seizure or attachment of wages of a person under section 4, or under any other Act, or a debtor affected by the proceedings, may make an application in writing verified under oath to the registrar, or, if the proceedings are in the Provincial Court of British Columbia, to a judge of that court, for an increase or reduction, as the case may be, of the amount of exemption allowed under section 4.
(2) The registrar or the judge shall, within 3 days after receipt of the application under subsection (1), notify the persons affected by the application of the date on which he will consider the matter, and the date shall not be later than 7 days after the receipt of the application.
(3) On the date fixed by the registrar or judge, he shall hear the matter, and, after considering all the evidence before him and having regard to the circumstances relating to the matter, may make an order
(b) increasing; or
the exemption allowed under this Part.
(4) No order shall be made by a registrar or a judge under this section that
(a) has the effect of increasing the exemption allowed under section 4 to more than 90% of the wages due; or
(b) reduces the wages of an employee, in the case of a person without dependants, or in the case of an order under section 4 (6), to an amount less than $100 per month, or proportionately for a shorter period, and in the case of a person with one or more dependents, to an amount less than $200 per month, or proportionately for a shorter period.
(5) Any person affected by an order made under subsection (3) may, not later than 14 days from the date of the order, by notice of appeal filed with the appropriate court, appeal the order
(a) in the case of an order of the registrar, to that court; and
(b) in the case of an order of the Provincial Court of British Columbia, to the Supreme Court.
(6) The notice of appeal referred to in subsection (5) shall be served by the appellant at least 3 days before the date fixed for the hearing of the appeal.
(7) The judge hearing the appeal may confirm, or, subject to subsection (4), vary the order appealed from.
Historical Note(s): 1971-6-3; 1989-40-53.
6. (1) Where a garnishing order is made against a defendant or judgment debtor, he may apply to the registrar or to the court in which the order is made for a release of the garnishment, and where a judgment has been entered against him, for payment of the judgment by instalments.
(2) Where, under subsection (1), the registrar or judge considers it just in all the circumstances, he may make an order releasing the garnishment in whole or in part and where he does and a judgment has been entered, he shall fix the amounts and terms of payment of the judgment by instalments.
(3) An order under subsection (2) may be made ex parte, and the registrar or judge may, where he considers it just in view of changed circumstances of the judgment debtor, vary an instalment order at any time on application by the judgment creditor or debtor and on 3 days' notice in writing of the application being given to the other party.
(4) Where an instalment order has been made under subsection (2) or (3) and the judgment debtor is not in default under the order, no further garnishing order shall be made concerning the judgment debt.
(5) Promptly after making an order under subsection (2) or (3) the registrar or judge shall mail a copy of the order to the judgment creditor and the garnishee, or their agents.
(6) Section 5 (5), (6) and (7) applies with the necessary changes and so far as are applicable to an appeal from an order made under subsection (2) or (3).
(7) Where an order is made under this section by a registrar or judge on an appeal providing for the release of a garnishing order and payment of the judgment by instalments, the order shall be terminated
(a) where the judgment debtor is in default of paying any of the instalments ordered for more than 5 days; or
(b) by the issue of a garnishing order against the judgment debtor in a cause of action other than that for which the instalment payments were ordered.
Historical Note(s): 1971-6-3; 1975-4-2.
7. Except as hereafter mentioned, the expression "debts, obligations and liabilities" in section 4, and that expression or any of the words composing it, when used in an order made under section 4, does not comprise an obligation or liability not arising out of trust or contract, unless judgment has been recovered on it against the garnishee, but, though not so as to restrict further the general sense of the words, the expression in the section or in any order shall be construed to include all claims and demands of the defendant, judgment debtor, or person liable under the order for payment of money against the garnishee arising out of trusts or contract where the claims and demands could be made available under equitable execution.
Historical Note(s): RS1960-20-4.
8. (1) In this section "public servant" means an officer, clerk or employee holding office or employed in or under any ministry, branch, office, institution or service of the Executive Government of the Province, at a salary or for wages payable from the public money of the Province, within the meaning of section 1 of the Financial Administration Act, and includes an employee of an agent of the Crown; and, for the purpose of this section, "agent of the Crown" means a board or commission, whether incorporated or not, all the members of which, or all the board of directors or board of managers of which, are appointed by an Act of the Legislature, or by, or on the recommendation of, the Lieutenant Governor in Council, and in the carrying out of their duties are, directly or indirectly, responsible to the Crown.
(2) Money owing, payable or accruing due from the Crown in right of the Province, or from an agent of the Crown, or from any board or commission appointed by or acting under the Crown as salary or wages to any public servant may be attached under this Part the same as money owing, payable or accruing due from subjects of the Crown; and for that purpose this Part applies, subject to subsection (3), to the Crown in right of the Province or an agent of the Crown.
(3) Service of all garnishing orders, notices and process required to be served on the Crown as garnishee shall be effected by serving them on the Deputy Minister of Finance, or by leaving them for him at his office at Victoria, and, if the salary or wages of the public servant are usually paid elsewhere than from that office, by also serving it on the board, commission, government agent or officer by or through whom the salary or wages of the public servant are usually paid; and, if the salary or wages of the public servant are payable by an agent of the Crown, by also serving it on the chief officer or chairman of the agent of the Crown, or on the officers by, or through, whom the salary or wages of the public servant are usually paid.
(4) In all proceedings under this Part to which the Crown in right of the Province, or agent of the Crown, as garnishee is a party, the court may pronounce a judgment or make an order or direction as to costs in favour of or against the Crown.
Historical Note(s): RS1960-20-5; 1971-6-4; 1977-75-1; 1981-15-84, proclaimed effective November 26, 1981.
9. Affidavits and orders in the forms in Schedule 1, or to similar effect, are sufficient.
Historical Note(s): RS1960-20-6.
10. (1) An affidavit referred to in section 4 may, as to the indebtedness, obligation or liability of the third person, be made on the information and belief of the deponent.
(2) No affidavit referred to in section 4 need show or disclose any knowledge of the facts, or the source or nature of any knowledge, or the source or nature of any information or belief of the deponent in any other manner or to any further extent than is indicated by the words contained in the respective forms of affidavits in the Schedule.
Historical Note(s): RS1960-20-7.
11. (1) Service of a copy of an order that debts, obligations or liabilities owing, payable or accruing due to the defendant, judgment debtor or person liable to satisfy the judgment or order shall be attached or notice of it to the garnishee in a manner the judge or registrar directs, shall bind the debts, obligations or liabilities in his hands from the time of service or notice.
(2) A copy of the garnishing order shall be served at once, or within a time as allowed by the judge or registrar by memorandum endorsed on the order, on the defendant, judgment debtor or person liable to satisfy the judgment or order, and no order shall be made for payment to the plaintiff or judgment creditor of money paid into court by the garnishee, as provided in section 23, until service of the copy has been proved by affidavit filed.
(2.1) A copy of a garnishing order issued out of the Provincial Court in respect of a proceeding under the Small Claims Act may be served by mailing a copy to the person to be served by double registered mail to the last known post office address of that person.
(3) In case it is made to appear to a judge or registrar that prompt personal service of the order on the defendant, judgment debtor or person liable to satisfy the judgment or order cannot be effected, the judge or registrar may make an order for substituted or other service, or for the substitution of notice for service, by letter, public advertisement or otherwise, as may be just.
Historical Note(s): RS1960-20-8; 1971-6-5; 1989-38-24; 1989-72-1.
12. In the garnishing order the amount attached shall be limited to the amount due or claimed to be due by the defendant, judgment debtor or person liable to satisfy the judgment or order, along with a reasonable sum for costs.
Historical Note(s): RS1960-20-9.
13. If the garnishee does not at once pay into court the amounts payable for the debts, obligations and liabilities attached, or the amount limited by the garnishing order, and does not dispute the debts, obligations and liabilities, or some one or more of them claimed to be due, owing or payable from him to the defendant, judgment debtor or person liable under the judgment or order for the payment of money, or if he does not appear on notice to him, then a judge may order the garnishee to pay into court the amount appearing due from the garnishee, or as much of it as may be sufficient to satisfy the principal judgment or order and the costs of the garnishing proceedings, or an amount estimated to be sufficient to satisfy the judgment expected to be recovered and costs, and also the costs of the garnishing proceedings, or if judgment has been recovered or an order for the payment of money made, a judge may order the garnishee to pay to the person entitled the amount appearing due from the garnishee, or sufficient of it to satisfy the principal judgment or order, and the costs of the garnishing proceedings.
Historical Note(s): RS1960-20-10(1).
14. No order shall be made for payment out of court of money paid in by the garnishee or for payment by the garnishee to the person entitled, without notice to the defendant, judgment debtor, or person liable on the principal judgment or order, unless a judge, under special circumstances, dispenses with notice; and, where it is made to appear to the judge that prompt personal service of the notice on the defendant, judgment debtor, or person liable on the principal judgment or order cannot be effected, the judge may make an order for substituted or other service, by letter, public advertisement, or otherwise, as may be just.
Historical Note(s): RS1960-20-10(2); 1980-50-33, effective May 17, 1980.
15. (1) Money paid into court under garnishing proceedings may be paid out to a judgment creditor or his solicitor without any order of the court where
(a) 10 days' notice of the intended payment out is given to the judgment debtor and the judgment debtor has not, on or before the day on which the 10 days expire, filed notice of his intention to dispute the payment out; or
(b) the judgment was obtained by default and 3 months have expired from the day on which the money was paid into court.
(2) Notice of an intended payment out under subsection (1) (a) shall be served personally on the judgment debtor, or where an order for substituted or other service has been made under section 11 (3) the notice may be served in the same manner as provided in the order.
(2.1) Notice of an intended payment out under subsection (1) (a) of money paid into court under a garnishing order issued out of the Provincial Court in respect of a proceeding under the Small Claims Act may be served by mailing a copy to the person to be served by double registered mail to the last known post office address of that person.
(3) Money paid into court under garnishing proceedings may be paid out to a plaintiff or his solicitor without any order of the court where there is filed with the registrar or judge the consent in writing to the payment out, setting forth the exact amount to be paid out, of the defendant.
(4) Payment out shall not be made under subsection (1) or (3) where it is suggested in the course of the garnishing proceedings that the money belongs to or is claimed by a third person, or that any third person has a lien or charge on it.
Historical Note(s): RS1960-20-10(3,4,5,6); 1962-6-3; 1963-4-4; 1971-6-6; 1989-38-25.
16. Execution or other proceedings may be taken to enforce the order.
Historical Note(s): RS1960-20-11.
17. If the claim or demand is not due at the time of the attachment, an order may be made for payment of it at maturity, and execution may issue for it when it matures.
Historical Note(s): RS1960-20-12.
18. If the garnishee disputes his liability, a judge, instead of making an order for payment into court or otherwise, may order that any issue or question necessary for determining the liability of the garnishee be tried or determined in any manner in which an issue or question in any action may be tried or determined.
Historical Note(s): RS1960-20-13.
19. Where, after an order for the attachment of debts, obligations or liabilities has been made, it is suggested by the garnishee that the debt, obligation or liability sought to be attached belongs to or is claimed by some third person, or that a third person has a lien or charge on it, a judge may order the third person to appear and state the nature and particulars of his claim on it.
Historical Note(s): RS1960-20-14.
20. After hearing the allegations of the third person under the order, and of any other person whom by the same or any subsequent order the judge may order to appear, or in case of the third person or other person not appearing when ordered, the judge may order payment by the garnishee, or may order any issue or question to be tried or determined, and may bar the claim of the third person or other person, or may make any other order as he sees fit, on terms, in all cases with respect to the lien or charge, if any, of the third person and as to costs, as the judge thinks just and reasonable.
Historical Note(s): RS1960-20-15.
21. A judge may take evidence on and hear and dispose of summarily, in chambers, any question as to the liability of the garnishee, or as to the claim of a third party or other person, without directing a formal trial of an issue.
Historical Note(s): RS1960-20-16.
22. (1) The garnishee on paying into court the amounts payable for the debts, obligations and liabilities attached, or the amount limited by the garnishing order, or on complying with an order of the court made about the debts, obligations or liabilities due or owing by him, is entitled to his costs as between solicitor and client.
(2) The costs, if not ordered to be satisfied in another way, shall be paid by the garnishing plaintiff, but this section does not apply if the garnishee unsuccessfully resists payment, either in whole or in part, in which case the judge shall deal with the costs.
Historical Note(s): RS1960-20-17.
23. Payment by the garnishee into court of the amounts payable for the debts, obligations and liabilities attached, or the amount limited by the garnishing order or in compliance with an order of a judge, or satisfaction of the order, either by execution, levied or otherwise, under any proceeding as aforesaid, is a valid discharge as against the defendant debtor to the amount paid, levied or otherwise made, although the proceeding may be set aside or the judgment reversed.
Historical Note(s): RS1960-20-18.
24. Each registrar or judge shall keep a debt attachment book, and in that book entries shall be made of the garnishing order and all proceedings on it, with names, dates and statements of the amount recovered, and the book may be searched and copies of any entries made in it may be taken by a person on application to the registrar or judge.
Historical Note(s): RS1960-20-19; 1971-6-7.
25. All matters referred to in sections 1 to 24 are governed by this Part, notwithstanding any rules of court on the subject.
Historical Note(s): RS1960-20-20.
26. (1) In addition to all other powers vested in the Supreme Court a judge or registrar of it may, on the application of a plaintiff, or judgment creditor, on an affidavit similar to an affidavit required under section 4, order that all debts stated by affidavit to be, or believed to be, owing or accruing from a partnership, firm or company to the judgment debtor, or defendant, shall be attached to answer the judgment debt, or judgment to be recovered, and the same proceedings shall be had as an execution against the partnership, firm or company and otherwise as if the order had been made on an individual debtor, and process may issue against the partnership, firm or company in the name of the partnership, firm or company in the same manner as may now be done in any action or other proceeding.
(2) This section applies to proceedings in the Provincial Court.
Historical Note(s): RS1960-20-21; 1971-6-8; 1989-40-54.
27. Service of the order on any member of a partnership, firm or secretary of a company, at its usual place of business, if any, in the Province, or on an authorized agent of the partnership, firm or company, is sufficient for all purposes.
Historical Note(s): RS1960-20-22.
28. A judge or a registrar may make an order attaching any number of debts owing from different debtors to the judgment debtor, or defendant, and the service of a notice of the purport of the order, with information where the order can be seen, is sufficient to bind the debts in the hands of the garnishees.
Historical Note(s): RS1960-20-23.
29. (1) No employer shall dismiss or demote an employee or terminate a contract of employment of an employee solely by reason of the service of a garnishing order on the employer issued under this Part for that employee.
(2) An employer who contravenes subsection (1) is guilty of an offence and is liable, on conviction, to a fine of not more than $500, or to imprisonment for a term of not more than 3 months, or to both the fine and imprisonment.
(3) In addition to the penalty imposed under subsection (2),
(a) the employer shall at once reinstate the employee in his employment on the terms and conditions that were in effect before the offence; and
(b) the employee is entitled to wages and benefits from the date of the offence to the date of the information and, to the extent ordered by the judge, from the date of the information to reinstatement, provided that the information is sworn within 14 days of the offence.
Historical Note(s): 1971-6-9.
Part 2 — Reciprocal Enforcement of Court Orders
[Note re Part 2: For convenience, a list of the jurisdictions declared to be reciprocating states for the purposes of this Act is printed following this Act. See also draft uniform Reciprocal Enforcement of Judgments Act to be found as stated in the Users Guide to Statutes in the beginning of this volume.]
30. (1) In this Part
"judgment" means a judgment or order of a court in a civil proceeding, where money is made payable, and includes an award in an arbitration proceeding if the award, under the law in force in the state where it was made, has become enforceable in the same manner as a judgment given by a court in that state, but does not include an order for the periodical payment of money as alimony or as maintenance for a spouse or former spouse or reputed spouse or a child of any other dependant of the person against whom the order was made;
"judgment creditor" means the person by whom the judgment was obtained, and includes his executors, administrators, successors and assigns;
"judgment debtor" means the person against whom the judgment was given, and includes any person against whom the judgment is enforceable in the state in which it was given;
"original court" in relation to a judgment means the court by which the judgment was given;
"registering court" in relation to a judgment means the court in which the judgment is registered under this Part.
(2) All references in this Part to personal service mean actual delivery of the process, notice or other document, to be served, to the person to be served with it personally; and service shall not be held not to be personal service merely because the service is effected outside the state of the original court.
Historical Note(s): RS1960-331-2; 1975-73-22.
31. (1) Where a judgment has been given in a court in a reciprocating state, the judgment creditor may apply to the Supreme Court within 6 years after the date of the judgment to have the judgment registered in that court, and on application the court may order the judgment to be registered.
(2) An order for registration under this Part may be made ex parte in any case in which the judgment debtor
(a) was personally served with process in the original action; or
(b) though not personally served, appeared or defended, or attorned or otherwise submitted to the jurisdiction of the original court,
and in which, under the law in force in the state where the judgment was made, the time in which an appeal may be made against the judgment has expired and no appeal is pending or an appeal has been made and has been disposed of.
(3) In a case to which subsection (2) applies, the application shall be accompanied by a certificate issued from the original court and under its seal and signed by a judge or the clerk of it.
(4) The certificate shall be in the form set out in Schedule 2, or to the same effect, and shall set forth the particulars as to the matters mentioned in it.
(5) In a case to which subsection (2) does not apply, notice of the application for the order as is required by the rules or as the judge considers sufficient shall be given to the judgment debtor.
(6) No order for registration shall be made if the court to which application for registration is made is satisfied that
(a) the original court acted either
(i) without jurisdiction under the conflict of laws rules of the court to which application is made; or
(ii) without authority, under the law in force in the state where the judgment was made, to adjudicate concerning the cause of action or subject matter that resulted in the judgment or concerning the person of the judgment debtor;
(b) the judgment debtor, being a person who was neither carrying on business nor ordinarily resident in the state of the original court, did not voluntarily appear or otherwise submit during the proceedings to the jurisdiction of that court;
(c) the judgment debtor, being the defendant in the proceedings, was not duly served with the process of the original court and did not appear, notwithstanding that he was ordinarily resident or was carrying on business in the state of that court or had agreed to submit to the jurisdiction of that court;
(d) the judgment was obtained by fraud;
(e) an appeal is pending or the time in which an appeal may be taken has not expired;
(f) the judgment was for a cause of action that for reasons of public policy or for some similar reason would not have been entertained by the registering court; or
(g) the judgment debtor would have a good defence if an action were brought on the judgment.
(7) Registration may be effected by filing the order and an exemplification or certified copy of the judgment with the registrar of the court in which the order was made, and the judgment shall be entered as a judgment of that court.
(8) Where a judgment provides for the payment of money and also contains provisions for other matters, the judgment may only be registered under this Part for the payment of money.
Historical Note(s): RS1960-331-3; 1975-4-14.
32. Where the original court is a court in the Province, that court has jurisdiction to issue a certificate for registration of a judgment in a reciprocating state.
Historical Note(s): RS1960-331-4.
33. Where a judgment sought to be registered under this Part makes payable money expressed in a currency other than the currency of Canada, the registrar shall determine the equivalent of that sum in the currency of Canada on the basis of the rate of exchange prevailing at the date of the judgment in the original court, as ascertained from any branch of any chartered bank; and the registrar shall certify on the order for registration the sum determined expressed in the currency of Canada; and, on its registration, the judgment shall be a judgment for the sum certified.
Historical Note(s): RS1960-331-5.
34. Where a judgment sought to be registered under this Part is in a language other than the English language, the judgment or the exemplification or certified copy of it, as the case may be, shall have attached to it for this Part a translation in the English language approved by the court, and on approval being given the judgment shall be deemed to be in the English language.
Historical Note(s): RS1960-331-6.
35. Where a judgment is registered under this Part,
(a) the judgment, from the date of the registration, is of the same force and effect as if it had been a judgment given originally in the registering court on the date of the registration, and proceedings may be taken on it accordingly, except that where the registration is made under an ex parte order, no sale or other disposition of any property of the judgment debtor shall be made under the judgment before the expiration of one month after the judgment debtor has had notice of the registration or a further period as the registering court may order;
(b) the registering court has the same control and jurisdiction over the judgment as it has over judgments given by itself; and
(c) the reasonable costs of and incidental to the registration of the judgment, including the costs of obtaining an exemplification or certified copy from the original court and of the application for registration, are recoverable in the same manner as if they were sums payable under the judgment if the costs are taxed by the proper officer of the registering court and his certificate is endorsed on the order for registration.
Historical Note(s): RS1960-331-7.
36. (1) Where a judgment is registered under an order made ex parte
(a) within one month after the registration or within a further period as the registering court may at any time order, notice of the registration shall be served on the judgment debtor in the same manner as a writ of summons is required to be served; and
(b) the judgment debtor, within one month after he has had notice of the registration, may apply to the registering court to have the registration set aside.
(2) On such an application the court may set aside the registration on any of the grounds mentioned in section 31 (6) and on terms the court thinks fit.
Historical Note(s): RS1960-331-8.
37. Rules of court may be made for practice and procedure, including costs, in proceedings under this Part; and, until rules are made under this section, the rules of the registering court, including rules as to costs, apply with the necessary changes.
Historical Note(s): RS1960-331-9.
38. Subject to the Rules of Court, any of the powers conferred by this Part on a court may be exercised by that court.
Historical Note(s): RS1960-331-10.
39. (1) Where the Lieutenant Governor in Council is satisfied that reciprocal provisions will be made by a state in or outside Canada for the enforcement of judgments given in the Province, he may by order declare it to be a reciprocating state for this Part.
(2) The Lieutenant Governor in Council may revoke an order made under subsection (1), and the state for which the order was made ceases to be a reciprocating state for this Part.
Historical Note(s): RS1960-331-11.
40. Nothing in this Part deprives a judgment creditor of the right to bring action on his judgment, or on the original cause of action,
(a) after proceedings have been taken under this Part; or
(b) instead of proceedings under this Part;
and the taking of proceedings under this Part, whether or not the judgment is registered, does not deprive a judgment creditor of the right to bring action on the judgment or on the original cause of action.
Historical Note(s): RS1960-331-12.
41. This Part shall be interpreted so as to effect its general purpose of making uniform the law of the Provinces that enact it.
Historical Note(s): RS1960-331-13.
Part 2.1 — Foreign Judgments
41.1 (1) In this section
"asbestos" means naturally occurring, highly fibrous, heat insulating and chemically inert silicate minerals belonging to either serpentine or amphibole groups and includes chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite and any other mineral commonly known as asbestos;
"judgment" means
(a) a judgment or order given in a proceeding outside Canada, or
(b) a judgment or order given in another province of Canada resulting from an action on or registration of a judgment or order described in paragraph (a).
(2) Notwithstanding this or any other Act or law, where a judgment is given for loss or injury that arises out of exposure to or the use of asbestos that has been mined in the Province,
(a) the judgment shall not be registered in or enforced by a court, and
(b) a proceeding in respect of the judgment shall not be commenced in a court or, where a proceeding was commenced before this section comes into force, the proceeding shall not be continued.
(3) Where a person has a cause of action under the domestic law of the Province for loss or injury that is suffered outside Canada and arises out of exposure to or the use of asbestos mined in the Province, he may commence an action under the domestic law of the Province, notwithstanding that a judgment has been given in respect of the loss or injury or that a proceeding might have been commenced outside Canada for the same relief.
Historical Note(s): 1984-26-8, effective May 31, 1984 (B.C. Reg. 163/84).
Part 2.2 — Canada — United Kingdom Convention
[Note re Part 2.2: see also draft uniform Reciprocal Enforcement of Judgments Act to be found as stated in the Users Guide to Statutes in the beginning of this volume.]
41.2 In this Part "convention" means the Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters, the English language version of which is set out in Schedule 4.
Historical Note(s): 1985-70-1, effective January 1, 1987 (B.C. Reg. 254/86).
41.3 On, from and after the date the convention enters into force in respect of the Province as determined by the convention, the convention is in force in the Province and the provisions thereof are law in the Province.
Historical Note(s): 1985-70-1, effective January 1, 1987 (B.C. Reg. 254/86).
[Editorial Note(s): see section 41.5 of this Act.]
41.4 The Attorney General shall
(a) request the government of Canada to designate the Province as a province to which the convention extends, and
(b) determine the courts of the Province to which application for registration of a judgment given by a court of the United Kingdom may be made and request the government of Canada to designate those courts for the purpose of the convention.
Historical Note(s): 1985-70-1, effective January 1, 1987 (B.C. Reg. 254/86).
41.5 The Attorney General shall cause to be published in the Gazette the date the convention comes into force in the Province and the courts to which application for registration of a judgment given by a court of the United Kingdom may be made.
Historical Note(s): 1985-70-1, effective January 1, 1987 (B.C. Reg. 254/86).
[Editorial Note(s): Convention in force in the Province January 1, 1987, see Notice, Part II Gazette, Vol. 29, p. 431.]
41.6 The Lieutenant Governor in Council may make such regulations as are necessary to carry out the intent and purpose of this Part.
Historical Note(s): 1985-70-1, effective January 1, 1987 (B.C. Reg. 254/86).
41.7 Where there is a conflict between this Part and any enactment, this Part prevails.
Historical Note(s): 1985-70-1, effective January 1, 1987 (B.C. Reg. 254/86).
Part 3 — Enforcement of Court Orders
42. In this Part
"charge" includes every encumbrance on land;
"defendant" includes every defendant and respondent in a proceeding;
"execution" includes an order for sale of land under this Part;
"execution creditor" includes a person in whose name or on whose behalf a writ of execution is issued on a judgment, or in whose favour an order for sale of land has been made under this Part;
"execution debtor" includes a person against whom or against whose property other than land a writ of execution is issued on any judgment, or against whose land an order for sale has been made under this Part;
"judgment" includes a judgment, order and decree in an action and a claim established under the Creditor Assistance Act;
"judgment creditor" means a person, whether plaintiff or defendant, who has recovered judgment against another person, and also a person entitled to enforce a judgment;
"judgment debtor" means a person, whether plaintiff or defendant, against whom a judgment has been recovered;
"plaintiff" includes every plaintiff, appellant and applicant in a proceeding;
"plaintiff", "defendant", "execution creditor", "execution debtor", "purchaser", "mortgagee" and "mortgagor" include not only those persons, but also their real and personal representatives and their assigns, and their respective representatives and their assigns;
"proceeding" means an action, suit, cause, matter, appeal or originating application;
"purchaser" includes a purchaser at a sale of land by the sheriff, and other subsequent owners of the land purchased;
"writ of execution" includes a writ of seizure and sale, sequestration and attachment, and any subsequent writ that may issue for giving effect to it, a warrant, order for seizure and sale or other process of execution sued out of the Supreme or Provincial Court having jurisdiction to grant and issue warrants or process of execution.
Historical Note(s): RS1960-135-2; 1976-33-87; 1989-38-26; 1989-40-55.
42.1 (1) Where an order has been obtained for a sum of money, the sum shall be payable immediately unless the court orders otherwise.
(2) The court may provide that an order is payable by instalments or may suspend execution for the time it considers proper.
Historical Note(s): 1989-40-56.
43. Nothing in this Part shall in any way limit the Homestead Act, and this Part does not apply to land registered under the Homestead Act, or to pre-emption claims.
Historical Note(s): RS1960-135-3.
44. In all cases in which a particular number of days is prescribed by this Part, or is mentioned by any rule or order of court, which is made under this Part for any purpose, it shall be reckoned, in the absence of any expression to the contrary, exclusive of the first and inclusive of the last day.
Historical Note(s): RS1960-135-4.
45. No person shall be taken in execution on a judgment.
Historical Note(s): RS1960-135-5.
46. In case of seizure under a writ of execution against goods or order made for sale of land, or in case of a sale of goods or land by a receiver under an order or decree of court or otherwise, any clerk, servant, labourer or worker, to whom the execution debtor or person against whom the process issues is indebted for salary or wages, may apply, or any 2 or more may join in applying, by summons in chambers, to the court out of which the process issues, and the court may, on application, order as much as is due or accruing due at the time of the seizure to the clerk, servant, labourer or worker, from the execution debtor for salary or wages, not exceeding 3 months' arrears, and taxed costs of and incidental to the application, after paying the execution creditor his costs of obtaining judgment and execution, or of the order for sale of land, to be retained by the sheriff out of the proceeds, if any, of the execution, or sale, or by the receiver, in preference to the remainder of the claim of the execution creditor, and the sheriff or other officer having charge of the execution, or the receiver, shall obey the order on pain of attachment.
Historical Note(s): RS1960-135-6.
47. If after making payment as aforesaid the amount due to the execution creditor is not realized, the execution creditor is at liberty to enforce his claim for any balance that may be due to him, by any subsequent process of execution or of enforcing his judgment.
Historical Note(s): RS1960-135-7.
48. In all cases under sections 46 and 47, the sheriff shall return the writ of execution or order for sale of land to the court out of which it issues, with a correct account of the appropriation of the proceeds made under it.
Historical Note(s): RS1960-135-8.
49. Except as exempted by sections 64 to 72 or otherwise provided by this Act, all goods, chattels and effects of a judgment debtor are liable to seizure and sale under a writ of execution against goods and chattels.
Historical Note(s): RS1960-135-9.
50. No property which for this Part is included under the term "land", as hereafter defined, shall be seized and sold under a writ of execution against goods and chattels.
Historical Note(s): RS1960-135-10.
51. (1) [Repealed 1988-5-61.]
(2) Any interest that a person has in any of the following may be seized and sold by the sheriff under a writ of execution against goods and chattels of that person:
(a) a mineral title as defined in the Mineral Tenure Act or any mining plant, machinery, personal property or other material placed on the location of a mineral title by the title holder;
(b) [Repealed 1988-5-61.]
(c) a permit, licence or lease as defined in the Coal Act or any mining plant, machinery, personal property or other material placed on the location of a licence or lease by the permittee, licensee or lessee;
(d) a permit, licence or lease as defined in the Petroleum and Natural Gas Act or any property placed on the location of a permit, licence or lease by the permittee, licensee or lessee; or
(e) a permit or lease as defined in the Geothermal Resources Act or any equipment placed on the location of a permit or lease by a permittee or lessee.
Historical Note(s): 1985-70-3, effective February 10, 1986 (B.C. Reg. 16/86); 1988-5-61.
52. Any sheriff or other officer to whom any writ of execution is directed shall seize and take any money or bank notes, and any cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money, belonging to the execution debtor, and may and shall pay and deliver to the execution creditor any money or bank notes which are seized, or a sufficient part of it; and shall hold any cheques, bills of exchange, promissory notes, bonds, specialties or other securities for money as security for the amount by the writ of execution directed to be levied, or as much of it as has not been otherwise levied and raised; and the sheriff or other officer may sue in his own name for the recovery of the sums secured by it, if and when the time of payment of it has arrived.
Historical Note(s): RS1960-135-12.
53. The payment to the sheriff or other officer by the party liable on any cheque, bill of exchange, promissory note, bond, specialty or other security, with or without suit, or the recovery and levying in execution against the party liable, discharges him to the extent of the payment or of recovery and levy in execution, as the case may be, from his liability on any cheque, bill of exchange, promissory note, bond, specialty or other security.
Historical Note(s): RS1960-135-13.
54. The sheriff or other officer shall pay over to the execution creditor the money recovered, or a part of it as is sufficient to discharge the amount by the writ of execution directed to be levied; and if, after satisfaction of the amount directed to be levied, together with sheriff's fees, poundage and expenses, any surplus remains in the hands of the sheriff or other officer, it shall be paid to the execution debtor.
Historical Note(s): RS1960-135-14; 1979-2-20.
55. No sheriff or other officer is bound to sue any party liable on a cheque, bill of exchange, promissory note, bond, specialty or other security, unless the execution creditor enters into a bond, with 2 sufficient sureties, for indemnifying him from and against all costs and expenses to be incurred in the prosecution of the proceeding, or to which the sheriff or other officer may become liable in consequence of it, the expense of the bond to be deducted out of money recovered in the proceeding.
Historical Note(s): RS1960-135-15; 1976-33-87.
56. Under a writ of execution against goods, the sheriff, or other officer to whom it is directed, may seize and sell the interest or equity of redemption in any goods or chattels of the execution debtor, and the sale shall convey whatever interest the execution debtor had in the goods and chattels at the time of the seizure.
Historical Note(s): RS1960-135-16.
57. All corporations established for trade or profit, or for the construction of any work, or for the acquisition of gain, shall be deemed incorporated companies for sections 58 to 63, inclusive, although they are not called companies in the Act or charter incorporating them, or in their memorandum or articles of association.
Historical Note(s): RS1960-135-17.
58. All stock, shares and dividends of shareholders in an incorporated company in the Province, having transferable joint stock or shares, shall be held to be personal property, and are liable to bona fide creditors for debts, and may be attached, seized and sold under writs of execution in a similar manner as other personal property.
Historical Note(s): RS1960-135-18.
59. (1) The sheriff to whom a writ of execution is addressed, on being informed on behalf of the plaintiff that the defendant has stock or shares, and on being required to seize them, shall at once serve a copy of the writ of execution on the incorporated company with a notice that all the stock or shares which the defendant has in the capital stock of the company are seized accordingly.
(2) From the time of service no transfer of the stock or shares by the defendant shall be valid, unless the seizure has been discharged.
(3) Every seizure and sale made under it shall include all dividends, premiums, bonuses or other pecuniary profits on the stock or shares seized, and they shall not, after notice, be paid by the company to anyone except the person to whom the stock or shares have been sold by the sheriff, unless the seizure is discharged, on penalty of paying it twice.
Historical Note(s): RS1960-135-19.
60. If the incorporated company has more than one place where service of process may be made on it, and there is some place where transfers of stock or shares may be notified to and entered by the company so as to be valid as regards the company, or where the dividends or profits on the stock or shares may be paid other than the place where service of the notice has been made, the notice does not affect any transfer or payment of dividends or profits duly made and entered at any other place, so as to subject the company to pay twice, or to affect the rights of a bona fide purchaser, until after the expiration of a period from the time of service sufficient for the transmission of notice of service by post from the place where it has been made to the other place, which notice it is the duty of the company to transmit by post.
Historical Note(s): RS1960-135-20.
61. The stock or shares in the capital stock shall be held to be personal property, found by the sheriff in the place where notice of the seizure of them is served.
Historical Note(s): RS1960-135-21.
62. Where any stock or share is sold under a writ of execution, the sheriff by whom the writ has been executed shall, within 10 days after sale, serve on the incorporated company, at some place where service of process may be made, an attested copy of the writ of execution, with his certificate endorsed on it, certifying the name of the purchaser, who is after that the holder of the stock or share, and has the same rights and is under the same obligations as if he had duly purchased the stock or share from the proprietor of it; and the proper officer of the company shall enter the sale as a transfer in the manner provided by law.
Historical Note(s): RS1960-135-22.
63. Nothing in this Part shall impair the remedy which the plaintiff might, without this Part, have had against any stock or shares in the capital stock, by charging order, attachment or otherwise, and sections 59 to 60, inclusive, apply to the remedy in so far as they can be applied to it.
Historical Note(s): RS1960-135-23.
64. In sections 65 to 71, inclusive, unless the context otherwise requires, "debtor" includes the personal representative of the debtor if the debtor is dead, and also, in case of the absence of the debtor, includes any member of his household.
Historical Note(s): RS1960-135-24.
65. (1) Subject to subsections (2) and (3), the goods and chattels of any debtor, at the option of the debtor, are exempt from forced seizure or sale by any process at law or in equity to the value of $2,000.
(2) Nothing in this section shall be construed to exempt any goods or chattels from seizure in satisfaction of a debt contracted for or in respect of the identical goods or chattels.
(3) This section shall not be construed to permit a trader to claim as an exemption any of the goods and merchandise which form a part of the stock in trade of his business.
Historical Note(s): RS1960-135-25; 1974-87-13.
65.1 (1) Works of art or other objects of cultural or historical significance brought into the Province for temporary public exhibit are exempt from seizure or sale under any process at law or in equity.
(2) Subsection (1) does not apply
(a) to execution on a judgment respecting a contract for the transportation or warehousing or exhibition in the Province of the work or object, or
(b) to a work or object which is offered for sale.
Historical Note(s): 1980-1-5, proclaimed effective October 2, 1980.
66. (1) Every sheriff or other officer seizing the personal property of a debtor under a writ of execution, shall allow the debtor to select goods and chattels to the value of $2,000 from the personal property seized, and shall, in a form and manner determined by the Director of Debtor Assistance appointed under the Debtor Assistance Act, make every reasonable effort to inform the debtor of the services and advice available under the Debtor Assistance Act.
(2) Every debtor whose personal property has been seized may, within 2 days after the seizure or notice of it, whichever is the longer time, select goods and chattels to the value of $2,000 from the personal property seized, and then, if a list of the selected articles has not been delivered to the sheriff or other officer by the debtor, the sheriff or other officer shall make a written list of articles, and give a copy to the debtor.
(3) The sheriff or other officer shall at once, if in his opinion the goods and chattels selected do not exceed in value $2,000, withdraw from possession of them, and they shall be, and the sheriff or other officer shall certify in writing that they are, the goods and chattels exempt under section 65.
Historical Note(s): RS1960-135-26; 1974-87-13; 1976-33-87; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
67. (1) If the sheriff or other officer is of the opinion that the goods and chattels selected by the debtor exceed in value the sum of $2,000, he shall, within one day after the receipt or making of the list referred to in section 66, notify the debtor to that effect in writing, and shall, unless within one day more the sheriff or other officer and the debtor agree on the goods and chattels to be exempt, not to exceed in value $2,000, without delay call on a justice resident in the locality, who shall at once name an appraiser, whose duty it is to appraise, and who shall, when sworn, without delay, appraise the selected goods and chattels in the presence of the debtor, or after one day's notice to him, to be served either personally or tacked up in some conspicuous place where the seized goods are situated.
(2) Where a claim to exemption has been made and has been admitted or agreed on as aforesaid, or where the goods claimed have been selected and appraised under or at $2,000, the sheriff or other officer shall withdraw from possession of them, and they shall be, and the sheriff or other officer shall certify in writing that they are, the goods and chattels exempt under section 65.
Historical Note(s): RS1960-135-27; 1974-87-13; 1982-72-4, proclaimed effective July 21, 1983.
68. If the goods claimed by the debtor are appraised at more than $2,000, then the appraiser shall, the debtor still being allowed his option if he claims it, appraise as much of the claimed goods as will not exceed $2,000, and the goods appraised at $2,000 constitute and shall be certified as the exempt goods.
Historical Note(s): RS1960-135-28; 1974-87-13.
69. (1) If the goods claimed are appraised at a sum exceeding $2,000, then the fees of the appraiser, not to exceed $5 and his expenses of travel for the distance actually and necessarily travelled by him, not to exceed 31+/km one way, shall be levied out of the exempted goods.
(2) If the goods are appraised at $2,000 only, or at a sum less than $2,000, then the sheriff or other officer shall pay the fees and expenses of travel of the appraiser, but in the latter case the sheriff or other officer may deduct the sum paid the appraiser from the proceeds of execution, if any, against goods not exempt.
Historical Note(s): RS1960-135-29; 1974-87-13; 1977-53-1.
70. Every appraiser shall, before acting as one, take and subscribe the following oath before any person authorized to administer an oath, or in the absence of that person, then before any sheriff or sheriff's officer, who may administer it:
I, A.B., having been appointed the appraiser of goods and chattels seized under an execution [or as the case may be], in the suit of ____________________ against [or as the case may be], do solemnly swear [or affirm] that I will faithfully perform the duties of the office without partiality, fear, favour or affection, and that I will appraise the value of the goods and chattels submitted to my appraisement to the best of my ability. So help me God.
| Sworn before me at ____________________, ____________________ [month, day], 19__. __________________________________, J.P. [or as the case may be]. | __________________________ A.B., Appraiser under Court Order Enforcement Act |
71. The debtor may appeal from the decision of the appraiser, or from any act of the sheriff or other officer, to the Supreme Court, on giving security for the appeal as a judge of that court may order, and the appeal shall be decided summarily and without delay.
Historical Note(s): 1989-40-57.
72. Nothing in the last 7 preceding sections shall be construed as exempting any personal property from sale for taxes or from distress for rent.
Historical Note(s): RS1960-135-32.
73. No writ of elegit or writ of fieri facias de terris shall be issued in this Province.
Historical Note(s): RS1960-135-33.
74. In sections 75 to 105, inclusive, unless the context otherwise requires,
"judgment" means a judgment, decree or order of the Federal Court of Canada, Court of Appeal, Supreme Court or Provincial Court, or of a judge of any of those courts, or claim established under the Creditor Assistance Act, by which judgment, decree, order or claim money is payable to any person, and includes an order made under any other Act that entitles a person to register the order in a land title office;
"land" includes every estate, right, title and interest in it, and all real property, both legal and equitable, and of every nature and kind, and any contingent, executory or future interest in it, and a possibility coupled with an interest in the land or real property, whether the object of the gift or limitation of the interest be ascertained or not, and also the right of entry, whether immediate or future and whether vested or contingent, into and on any land, and includes
(a) the respective interests of mortgagor and mortgagee under a valid and subsisting mortgage of land;
(b) the respective interests of vendor and purchaser under a valid and subsisting agreement for the sale and purchase of land;
(c) the interest in land of a joint tenant, whether or not subject to a mortgage; and
(d) the interest in land of a tenant in common,
but does not include the rights of a lien claimant under the Builders Lien Act;
"nonexpiring judgment" means a judgment to which the application of section 76 (1) is, by any other Act, excluded;
"owner" means an owner as defined in the Land Title Act;
"register" means the register as defined in the Land Title Act;
"registered owner" means registered as an owner under the Land Title Act;
"renewal" means the renewal of the registration of a judgment in accordance with section 83.
Historical Note(s): RS1960-135-34; 1964-18-2; 1975-4-6A; 1975-57-39; 1978-19-1; 1981-10-18, proclaimed effective July 30, 1981; 1989-40-58.
75. Immediately on a judgment being entered or recovered in this Province, the judgment may be registered in any or all of the land title offices in the Province, and from the time of registering it the judgment forms a lien and charge on all the land of the judgment debtor in the land title districts in which the judgment is registered, in the same manner as if charged in writing by the judgment debtor under his hand and seal; and after the registering of the judgment the judgment creditor may, if he wishes to do so, proceed at once on the lien and charge created by it.
Historical Note(s): RS1960-135-35; 1978-25-333,334.
76. (1) Every judgment, except a nonexpiring judgment including a renewal of it under subsection (3), registered under this Part, at the expiration of 2 years after the registration or last renewal of registration of it, ceases to form a lien or charge on the land of the judgment debtor, or anyone claiming under him, unless before the expiration of 2 years the registration of the judgment is renewed.
(2) A nonexpiring judgment registered before October 31, 1979 expires at the end of 2 years after the Land Title Act came into force, unless renewed under subsection (3).
(3) A judgment creditor, in respect of a nonexpiring judgment, may, at any time within the 2 year period mentioned in subsection (2), apply to register a renewal of the judgment.
(4) Sections 79 (3) and (4) and 81 apply to an application under subsection (3).
Historical Note(s): RS1960-135-36; 1978-19-2.
77. (1) The registration or renewal of registration of a judgment shall be effected by the delivery to the Registrar of Titles at the land title office of a certificate of the judgment under the seal of the court in which it has been entered or recovered, if the court has a seal, and signed by the court or by an officer empowered to grant certificates for proceedings in that court, accompanied by a copy of the certificate of judgment certified by the court or officer and an application of the judgment creditor, his solicitor or agent, in accordance with the requirements of the Land Registry Act, to register or renew registration of the judgment.
(2) The Registrar of Titles shall write or stamp on the certificate and on the certified copy the day, hour and minute of the delivery of the certificate at his office, which shall be the time of the registration or renewal of registration of the judgment, as the case may be, and the Registrar of Titles shall then enter it in the register of judgments under the Land Registry Act.
(3) On the entry being made, the certificate of judgment shall be returned to the person who delivered it, but the certified copy shall be kept in the land title office.
(4) Registration of a judgment under this Part shall include the reregistration of it, which may be effected in the same way that a judgment is registered or the registration of it is renewed.
Historical Note(s): RS1960-135-37; 1978-25-334.
78. (1) Section 77 does not apply to an application made to register or to renew the registration of a judgment after October 30, 1979.
(2) After the date referred to in subsection (1) the registration or the renewal of registration of a judgment shall be in accordance with sections 79 and 83.
Historical Note(s): 1978-19-3.
79. (1) After October 30, 1979, a judgment entered or obtained in the Province may be registered against the title to specified land in any or all of the land title offices in the manner provided in section 80.
(2) From the time of its registration the judgment forms a lien and charge on the land of the judgment debtor specified in the application referred to in section 80 in the same manner as if charged in writing by the judgment debtor under his hand and seal,
(a) to the extent of his beneficial interest in the land;
(b) where an owner is registered as a personal representative or trustee, to the extent of the interest of a beneficiary who is a judgment debtor; and
(c) subject to the rights of a purchaser who, prior to the registration of the judgment, has acquired an interest in the land in good faith and for valuable consideration under an instrument not registered at the time of the registration of the judgment.
(3) The time of registration or the renewal of registration of a judgment is the day and hour when the application under section 80 to register the judgment or the renewal of it is received by the registrar.
(4) Where a judgment is registered under this section against a particular interest in land of the judgment debtor, and he subsequently acquires a further registered estate or interest in the same land, the registration of the judgment, if subsisting on the register, without any further application or other act on the part of the judgment creditor, shall be deemed to be enlarged so as to include the beneficial interest of the judgment debtor in that further registered estate or interest.
(5) After registration under this section, the judgment creditor may proceed at once on the lien and charge created by subsection (2).
(6) In this section "purchaser" includes lessee or mortgagee.
(7) A judgment creditor is not a bona fide purchaser for value.
(8) A judgment shall not be registered against unsurveyed Crown land or Crown land the title to which is not registered under the Land Title Act.
(9) Where a judgment creditor has knowledge that the judgment debtor is the beneficial owner of an estate or interest in land, the title to which he has not registered, the judgment creditor may, on proof satisfactory to the registrar, apply, in the same manner as an application is made to register any other judgment, to register the judgment against the beneficial estate or interest in the land affected.
(10) Registration of a judgment includes the reregistration of it, and reregistration may be effected in the same manner as a judgment is registered or registration of it is renewed.
Historical Note(s): 1978-19-3.
79.1 (1) Where the Supreme Court, on application by a judgment creditor under section 9 of the Fraudulent Preference Act, orders that the judgment creditor is entitled to register the judgment against the land in respect of which the application was made or against the judgment debtor's or another person's interest in the land, the judgment creditor may make application to the Registrar of Titles, in the same manner as an application is made to register any other judgment, to register the judgment against the land or interest in the land.
(2) Where a judgment is registered on an application made under subsection (1), the Registrar of Titles shall, by registered mail, send a notice in the prescribed form together with a copy of the certificate of judgment to every owner of the land against which the judgment has been registered and to the judgment debtor.
Historical Note(s): 1982-46-9, proclaimed effective August 1, 1983.
80. (1) After October 30, 1979, a judgment creditor may apply under the Land Title Act to register, against the title to specified land, a judgment or a renewal of the registration of a judgment, in the same manner as a charge is registered by delivering to the registrar a certificate of judgment, or, where permitted by an enactment, a copy of an order, herein included in the words "certificate of judgment".
(2) A certificate of judgment shall be
(a) sealed with the seal of the court in which the judgment was entered or recovered; and
(b) signed by the registrar of the court.
(3) A judgment entered or obtained in the Provincial Court is sufficient for registration purposes if certified to be a true copy by the clerk or judge of that court.
(4) A photocopy, satisfactory to the registrar, of a certificate of judgment so registered, may be received by the registrar in support of an application under the Land Title Act to register
(a) the judgment against other specified land; or
(b) a renewal of a judgment,
in the same manner and with the same effect as if the original certificate were produced.
(5) In subsection (1) "judgment creditor" includes, in a proper case, the clerk of the Provincial Court acting on behalf of the judgment creditor.
Historical Note(s): 1978-19-3.
81. (1) The registrar, on completion of a registration under section 80 shall, by registered mail, send to the owner against whose title the judgment has been registered a notice in the prescribed form, together with a copy of the certificate of judgment.
(2) Except as provided in section 83 (4), subsection (1) does not apply to a renewal of a judgment.
(3) Where no reply is received from the owner as provided in the notice, no further act by the registrar is required in respect of the notice.
(4) Where the owner alleges he is not the judgment debtor referred to in the certificate of judgment, the registrar shall make further inquiry or investigation he considers necessary or advisable, and, for that purpose, may
(a) take evidence under oath or otherwise;
(b) require the production of records; and
(c) decide whether or not the owner is, in fact, the judgment debtor and whether the judgment does or does not affect the land described.
(5) Where the registrar is satisfied from the evidence taken under subsection (4) that the owner is not the same person as the judgment debtor the registrar shall make an order accordingly.
(6) The registrar shall at once deliver or mail by registered mail to the owner and the judgment creditor a copy of the order.
(7) Where the judgment creditor does not, within 21 days after the order is delivered or mailed, proceed under subsection (8), the registrar shall cancel the registration of the judgment; but where the judgment creditor or his solicitor approves of the order, the registrar may cancel the registration at once.
(7.1) Where the registrar decides that the owner is the judgment debtor, he shall make an order accordingly and forthwith deliver or mail by registered mail a copy of the order to both the judgment creditor and the owner.
(8) Where the judgment creditor does not approve of an order made under subsection (5) or an owner does not approve of an order made under subsection (7.1), he may, within 21 days after the registrar's order is delivered or mailed to him, make an application in the nature of an appeal to the Supreme Court, and section 289 of the Land Title Act applies in respect of the application.
(9) Where the registrar effects cancellation of the judgment under subsection (7) the judgment creditor shall at once pay the owner $25 as compensation for expenses incurred as a result of the registration of the certificate of judgment.
(10) The compensation payable under subsection (9) constitutes a debt recoverable in the Provincial Court.
(11) In this section "owner" includes a person alleged by the judgment creditor to be a judgment debtor and to have acquired from or through a registered owner, by transfer, transmission or otherwise, an estate or interest in the land in question.
(12) Where a notice under subsection (1) is mailed to the person referred to in subsection (11) a copy shall also be mailed to the registered owner.
(13) This section does not apply in respect of a judgment registered on an application made under section 79.1.
Historical Note(s): 1978-19-3; 1982-46-10, proclaimed effective August 1, 1983.
82. (1) Notwithstanding that payment has been made under section 81 (9), where the registrar has cancelled the registration of a judgment under section 81 and the owner against whose land the judgment was registered has sustained damage or incurred costs or expenses, by reason of the judgment creditor without reasonable cause having registered the judgment, the owner may apply to a court for compensation.
(2) The court may award a sum it considers just, taking into account the amount paid or to be paid under section 81 (9).
(3) The court may take into consideration evidence that all proper and necessary steps were not taken by the judgment creditor to ensure that the judgment debtor was the same person as the registered owner whose name is similar.
(4) A registered owner may make a claim for compensation under this section against a judgment creditor by reason of his having registered a judgment against a person alleged to be a judgment debtor and to have acquired from or through a registered owner, by transfer, transmission or otherwise, an estate or interest in the land in question.
Historical Note(s): 1978-19-3.
83. (1) Except for a nonexpiring judgment, registration of a judgment before or after this section comes into force ceases, at the expiration of 2 years after the date of the application for registration or the date of the last application to renew registration, to form a lien and charge on the land affected by the registration unless, before the expiration of the 2 years, application is made to renew the registration of the judgment.
(2) The registration of a judgment may be renewed at any time before the end of 2 years after the registration or last renewal of registration of the judgment.
(3) An application for the renewal of a judgment must comply with the requirements of the Land Title Act.
(4) On receipt of an application for the renewal of a judgment the registrar shall, where notice in the prescribed form has not been previously sent in respect of the same judgment and the same land, comply with section 81.
(5) Where a renewal of registration is effected under this section and an endorsement made in the register, and there is a subsisting entry of the judgment in the register of judgments, the entry shall be deemed to be cancelled as to the interest of the judgment debtor in the land described in the register.
(6) Section 79 (4) applies to renewals registered under this section.
Historical Note(s): 1978-19-3.
84. (1) Where a judgment creditor has registered a judgment under this Act, and alleges that the judgment debtor is entitled to or has an interest in any land, or that any land is held subject to the lien created by registration of judgment under section 75, a motion may be made in Supreme Court Chambers, by the judgment creditor calling on the judgment debtor, and on any trustee or other person having the legal estate in the land in question, to show cause why any land in the land title district in which the judgment is registered, or the interest in it of the judgment debtor, or a competent part of the land, should not be sold to realize the amount payable under the judgment.
(2) Where the judgment debtor is dead, the motion to show cause shall call on those to whom the interest of the deceased in the land in question has passed, and on any trustee or other person having the legal estate in it.
(3) Any notice of motion or order made on it under this section may, in any case where in the opinion of the court personal service cannot be reasonably effected, be served in a manner the court directs, and the court may in any case allow service of the notice of motion or order to be made out of the jurisdiction.
Historical Note(s): RS1960-135-38; 1964-18-3; 1976-33-87; 1978-25-333.
85. On an application under section 84, the proceedings shall be had, either in a summary way or by the trial of an issue, or by inquiry before an officer of the court, as the court thinks necessary or convenient, for the purpose of ascertaining the truth of the matters in question, and whether the land, or the interest in it of the judgment debtor, is liable for the satisfaction of the judgment.
Historical Note(s): RS1960-135-39; 1976-33-87.
86. (1) Where an order is made on any application under section 84, there shall be included in the order a reference to a district registrar of the Supreme Court
(a) to find what land is liable to be sold under the judgment;
(b) to find what is the interest of the judgment debtor in the land and of his title to it;
(c) to find what judgments form a lien and charge against the land and the priorities between the judgments;
(d) to determine how the proceeds of the sale shall be distributed; and
(e) to report all the findings to the court.
(2) The district registrar shall deal with all judgments registered against the land whether prior or subsequent to the judgment on which the proceedings are taken.
(3) Unless good reason is found to the contrary, the creditor first taking proceedings is entitled to his costs in priority to all claims under the judgment whether prior or subsequent to his own.
(4) The district registrar shall serve all persons affected by his inquiries.
(5) The report when made requires confirmation by the Supreme Court, and all persons affected by it shall have notice of the application for confirmation, and on application the court may confirm it in whole or in part, and may alter it or may refer it back to the district registrar.
Historical Note(s): RS1960-135-40.
87. In case any person has a contested claim pending under the Creditor Assistance Act, he may give notice of it to any district registrar to whom a reference has been made under section 86, and the district registrar shall provide in his report for the retention of a sufficient sum to give that person the share of the proceeds which he would be entitled to if he had a judgment for the amount he claims, and the sum shall be retained until the contestation of the claim is disposed of under the Creditor Assistance Act.
Historical Note(s): RS1960-135-41.
88. (1) Where in a summary way or on the trial of an issue, or as the result of inquiries under sections 84 to 87, inclusive, or otherwise, any land or the interest of any judgment debtor in it is found liable to be sold, an order shall be made by the court declaring what land or what interest in it is liable to be sold, and directing the sale of it by the sheriff, but where a premises situated on the land or interest in it of a judgment debtor is the home of the debtor, the court may defer the sale, subject to the performance by the judgment debtor of terms and conditions of payment or otherwise as the court imposes.
(2) If in any case substituted service has been ordered by the court on the judgment debtor, of the writ of summons or other process in the proceeding in which the judgment is obtained, then the land ordered to be sold shall not be sold by the sheriff until it has been advertised as hereafter mentioned for 6 months after the order for sale; but, on application by the judgment creditor to the Supreme Court, the court may shorten the period of 6 months, or make any other order in that behalf it thinks fit.
Historical Note(s): RS1960-135-42; 1970-44-7; 1976-33-87; 1985-70-4, effective February 10, 1986 (B.C. Reg. 16/86).
89. (1) Where on an application for an order for the sale of land it appears to the court, on affidavit setting forth the fact, that there may be persons interested in the land to be sold whose names are unknown to the judgment creditor, the court may, if it thinks fit, direct advertisements to be published at times and in a manner the court thinks fit, calling on all persons claiming to be interested in the land to come in and establish their respective claims to it in Chambers in a time to be limited by the court.
(2) After the expiration of the time limited, all persons who have not come in and established their claims, whether they are in or out of the jurisdiction of the court, including persons under disability, are absolutely debarred from all right, title and interest in and to the land.
Historical Note(s): RS1960-135-43.
90. A notice of motion for an order under section 84 may contain a description of the land in question, and on filing it with the proper officer, signed by the solicitor of the applicant, a certificate of lis pendens may be issued for registration; and in case the motion is refused in whole or in part, a certificate of the order may be issued for registration.
Historical Note(s): RS1960-135-44.
91. The costs of and incident to all the proceedings authorized by sections 84 to 90 shall be in the discretion of the court.
Historical Note(s): RS1960-135-45.
92. [Repealed 1989-40-59.]
93. The sheriff shall not offer the land for sale within a period less than one month from the day on which the order for the sale of it is delivered to him.
Historical Note(s): RS1960-135-47.
94. (1) Before land is offered for sale under any order, the sheriff shall advertise in the Gazette, specifying
(a) the particular property to be sold;
(b) the name or names, if more than one, of the plaintiffs and defendants in every proceeding;
(c) the charges, if any, appearing on the register against the land;
(d) the date of the registration of encumbrances or charges;
(e) the time and place of the intended sale; and
(f) the amount of the judgment.
(2) For 7 days next preceding the sale, unless otherwise ordered by the court, the sheriff shall similarly advertise in a newspaper of general circulation published or circulating in the county in which the land is situated, and shall, before or immediately after the first publication of the advertisement, post a printed or written copy of the notice of sale, in a suitable frame to be provided by him for the purpose, in his own office.
(3) The court in which the order for sale is made may dispense with any of the requirements of this section, except as to advertising in the Gazette, or may modify or make other provisions as to advertising.
Historical Note(s): RS1960-135-48; 1976-33-87.
95. Notices of sale shall be printed or written in a legible manner, and may be in Form A of Schedule 3, or to a similar effect.
Historical Note(s): RS1960-135-49.
96. (1) A plaintiff, or any mortgagee of the land offered for sale, is at liberty to purchase at any sale by the sheriff, and acquires the same estate, interest and rights as any other purchaser.
(2) In the event of a mortgagee becoming the purchaser of land sold for his mortgage debt, or any part of it, he shall give the mortgagor a release of the debt, or of a proportionate part of it, the proportion to be ascertained and certified, in Form B of Schedule 3, by the sheriff.
(3) If the land purchased by the mortgagee is subject to a mortgage or other pecuniary charge, other than his mortgage, which has priority over the execution under which the land has been sold, or if any other person becomes the purchaser at the sale of land on which there is a mortgage or other pecuniary charge which has priority over the execution, if the person entitled to the encumbrance enforces payment of the amount of it, or any part of it, or any interest or costs, then the purchaser shall repay to the mortgagor or other person who has been enforced to make any payment the amount paid, or a proportionate part of it, ascertained or to be ascertained as aforesaid.
(4) In default of repayment by the purchaser under subsection (3) within one month after demand, the person who has made the payment, his executors or administrators, may recover from the purchaser the amount paid, with interest, in a proceeding for money had and received; and until the money has been repaid with interest he or they shall have a charge for it on the land purchased.
Historical Note(s): RS1960-135-50; 1976-33-87.
97. If at the time appointed for the sale under an order no bidders appear, or if in the opinion of the sheriff the biddings are not sufficient to justify a sale, he may adjourn the sale.
Historical Note(s): RS1960-135-51(1).
98. (1) On a sale of land under this Part, the sheriff shall execute to the purchaser a conveyance, under his hand and seal, of the land sold, in Form C of Schedule 3, or to similar effect, and shall in the conveyance fully, distinctly and sufficiently describe the land and interest in it which has been sold; and the conveyance, when delivered to the purchaser, and registered in the land title office for the land title district in which the land is situated, vests in him, according to the nature of the property sold, all the legal and equitable estate and interest of the execution debtor in it at the time of the registration against the land of the first judgment, as well as at the time of the sale, or at any intermediate time, discharged from the first judgment and from all judgments and other charges against the execution debtor and his land, subsequent to the first judgment.
(2) Notwithstanding subsection (1), where the execution debtor's interest in the land sold under this Part is that of a mortgagee or a vendor under an agreement to sell the land, the conveyance executed by the sheriff under subsection (1) vests in the purchaser no right to payment of any money paid by or on behalf of the mortgagor or the purchaser under the agreement to sell the land, as the case may be, prior to receipt of notice of the judgment by the mortgagor or the purchaser, or his personal representative.
(3) Notice of a judgment is sufficient for subsection (2) if it sets forth the
(a) style of cause of the proceeding in which the judgment was obtained;
(b) amount of the judgment;
(c) date of pronouncement of the judgment;
(d) date of entry, if any, of the judgment;
(e) name of the judgment creditor; and
(f) date of the notice.
Historical Note(s): RS1960-135-52; 1976-33-87; 1978-25-324,334.
99. In case of a sale under an order for sale of land, all money made on the sale shall, immediately after the making of it, and after deducting the sheriff's fees and incidental expenses, be delivered to the registrar of the court where the order for sale was made, or out of which the writ was issued, with a statement of the land sold and the money made on the sale.
Historical Note(s): RS1960-135-53.
100. The purchaser at a sale is not bound to ascertain whether the requirements of this Part have been performed, and notwithstanding a breach of this Part or any impropriety or irregularity in the sale or otherwise of which the purchaser may or may not have notice, if he is not a party to it, and notwithstanding any informality in the conveyance of the property sold, the conveyance, when executed by the sheriff and delivered to the purchaser, shall be deemed to be valid.
Historical Note(s): RS1960-135-54.
101. For this Part, a proceeding shall not be deemed to have abated, nor shall any order for the sale of land nor any sale under it be in any way affected, by reason of the marriage, death or bankruptcy of any of the persons named in the judgment, the intent and object of this Part being to pass to a purchaser at a sale, under an order for the sale of land, an absolute title to the estate and interest of the execution debtor in the land purchased at the sale; but nothing in this Part shall affect the right of the execution debtor to receive rent or interest which is due for the land previous to the day of the sale of it.
Historical Note(s): RS1960-135-55; 1976-33-87.
102. A purchaser may remove or satisfy a mortgage or other encumbrance which, at the time of the sale, existed on land purchased, in a similar manner as the execution debtor might have done, and thereupon the purchaser acquires the same estate, right, title and interest as the execution debtor would have acquired in case the removal or satisfaction had been effected by execution debtor; and the mortgagee or other encumbrancer shall, if required, give to the purchaser, at the cost of the purchaser, a certificate of the satisfaction of mortgage or other encumbrance, which certificate may be in Form D of Schedule 3; and on presenting it to the registrar of titles, it is a sufficient authority for him to cancel the registration of the mortgage or other encumbrance for which it is given.
Historical Note(s): RS1960-135-56.
103. Money realized by the sale of land under this Part shall be money levied under execution within the meaning of the Creditor Assistance Act, except that the money shall be paid into court under this Part, subject to the right to costs, if any, of any judgment creditor whose judgment was registered against the land.
Historical Note(s): RS1960-135-57.
104. The money received by the registrar of the court shall be distributed by him to the persons to whom the sheriff would, under the Creditor Assistance Act, distribute money levied under a writ of execution.
Historical Note(s): RS1960-135-58.
105. (1) The Registrar of Titles shall, on application in the usual form, under the Land Title Act, and on the production to him of the sheriff's conveyance to the purchaser, attested and proved in the manner prescribed by that Act, register it according to the estate or interest in the land stated in it to have been sold, and shall grant the certificate, if any, as may be provided by the Land Title Act for the estate or interest which may be sold.
(2) In the case of an indefeasible or absolute fee the indefeasible or absolute title, if any, outstanding in the name of the execution debtor shall be deemed to be cancelled as to the estate or interest of the debtor, or the portion registered in the name of the purchaser.
Historical Note(s): RS1960-135-59; 1978-25-332; 1982-60-100, proclaimed effective August 1, 1983.
106. (1) Every sale of land under an order made under this Part shall be conducted by the sheriff or his deputy in person, and for his services he is entitled to receive the same fees, expenses and poundage as are allowed the sheriff for the sale of land by execution under the Supreme Court Act and Rules.
(2) Where the land of the execution debtor is advertised under an order for sale of it, but is not sold by reason of satisfaction having been otherwise obtained, or for some other cause, and no money is actually levied on the execution, the sheriff is entitled to receive fees, expenses and poundage based on the assessed value of the land at the same rate as is allowed for fees, expenses and poundage under the Supreme Court Rules.
(3) Where a sheriff has seized personal property of a debtor under a writ of execution, and the personal property is not sold and no money is levied on the execution of the writ, the sheriff is entitled to receive fees, expenses and poundage based on the smaller of the amount of the judgment or the amount settled for, at the same rate as allowed under the Supreme Court Rules, or where a court directs a smaller rate, at that rate.
(4) No auctioneer's licence or tax shall be paid by a sheriff or his deputy for the sale of land under this Part.
Historical Note(s): 1970-44-7; 1979-2-21.
107. The sheriff of each district shall enter in a register, to be kept by him especially for the purpose, particulars of each sale effected by him.
Historical Note(s): RS1960-135-61.
108. Any person is at liberty to inspect the register on payment of 50¢.
Historical Note(s): RS1960-135-62.
109. Every Provincial or municipal assessor is at liberty to inspect the register at all reasonable times, free of charge.
Historical Note(s): RS1960-135-63.
Form A
Affidavit in Support of Garnishing Order Before Action
In the ____________________ Court of ____________________.
In the Matter of an Intended Action
_________________________________________________, Intended Plaintiff,
_________________________________________________, Intended Defendant.
I, ___________________ [name, address and occupation], make oath and say:
(1) I am the above named intended plaintiff, and am aware of the facts hereafter referred to.
(1) I am the solicitor of the above named intended plaintiff, and am aware of the facts hereafter referred to.
(1) I am acting for the above named intended plaintiff, and am aware of the facts hereafter referred to.
(2) That I wish to commence an action against the above named intended defendant for [here state the nature of the intended action].
(2) The intended plaintiff wishes [as in (2) ante].
(3) That the actual amount of the debt, claim or demand in the cause of action is $_____ and that sum is justly due and owing by the intended defendant to the intended plaintiff after making all just discounts.
(4) That to the best of my information and belief [name, address and description of the garnishee], the garnishee, is indebted, under obligation, or liable to the intended defendant and that the garnishee is in the jurisdiction of this court, and the indebtedness, obligation or liability of the garnishee is not for salary or wages.,
Sworn before me, etc.
Form B
Affidavit in Support of Garnishing Order After Judgment
In the ____________________ Court of _____________________.
I, ____________________, of ____________________, [occupation], make oath and say:
(1) I am the person entitled to enforce the judgment or order hereafter referred to.
(1) I am the solicitor of the person entitled to enforce the judgment or order hereafter referred to.
(1) I am acting for the person entitled to enforce the judgment or order hereafter referred to, and I am aware of the facts hereafter referred to.
(2) On a judgment entered [or order made, as the case may be] in this action, the above named _________________ (hereafter called the "judgment debtor") was found to be indebted to the above named ____________________ for $__________, and the whole sum remains due [or and of which $__________ still remains due, as the case may be], and it is justly due and owing by ____________________ to ____________________ after making all just discounts.
(3) That to the best of my information and belief [name, address and description of the garnishee], the garnishee, is indebted, under obligation or liable to the judgment debtor and that the garnishee is in the jurisdiction of this court.
Sworn before me, etc.
Form C
Affidavit in Support of Garnishing Order Before Judgment
In the ____________________ Court of ____________________.
I, ____________________, of ____________________, [occupation], make oath and say:
(1) I am the above named plaintiff.
(1) I am the solicitor for the above named plaintiff.
(1) I am acting for the above named plaintiff, and I am aware of the facts hereafter referred to.
(2) This action is pending, and was commenced on __________ [month, day], 19__.
(3) The nature of the cause of action for which this action is brought is _______________.
(4) In respect of the cause of action the defendant is justly indebted to the plaintiff for $__________, after making all just discounts, and it is now justly due and owing.
(5) That to the best of my information and belief [name, address and description of the garnishee], the garnishee, is indebted, under obligation or liable to the defendant and that the garnishee is in the jurisdiction of this court, and the indebtedness, obligation or liability of the garnishee is not for salary or wages.
Sworn before me, etc.
Form D
Garnishing Order After Judgment
When making payment into
court this action number must
be quoted.
Action No. ______/______
Year
In the Supreme Court of
British Columbia
Before ________________________________________
District Registrar
On reading the affidavit of ____________________ sworn __________ [month, day], 19__, I order that, except as otherwise ordered, all debts, obligations and liabilities owing, payable or accruing due from the garnishee [or garnishees or any of them] to the defendant be attached up to the total amount set out below and paid into court. Where any of the debts, obligations and liabilities are owing, payable or accruing due for wages, then only as much of them as is permitted by section 4 of the Court Order Enforcement Act are to be attached and paid into court [see over].
Date: __________ [month, day], 19__.
| To the Defendant(s): | To the Garnishee(s): |
| (Name) ______________________ | (Name) ______________________ |
| (Address) ____________________ | (Address) ____________________ |
| $ | Cents |
| Amount due on judgment [or balance of it as the case may be] | |
| Cost of attachment proceedings | |
| Total amount attached |
NOTICE TO GARNISHEE
If you do not pay into court at once the amount of your indebtedness to the defendant or judgment debtor, or the amount limited by the above attaching order, or if you do not dispute your liability, an order may be made against you for the payment of the full amount with costs.
If you dispute your liability you should at once file a dispute note, and the registrar will then send you notice of the day on which you are to appear in court.
"Owing, payable or accruing due" means owing, payable or accruing due at the time this order was served on you but, in the case of wages or salary, includes wages or salary that will, in the ordinary course of employment, become due and payable within 7 days after the day on which the affidavit first above mentioned was sworn.
NOTICE TO EMPLOYER
Section 29 of the Court Order Enforcement Act makes it an offence to dismiss or demote an employee or terminate a contract of employment of an employee solely by reason of the service of a garnishing order on the employer issued under this Act.
NOTICE TO DEFENDANT
To prevent further garnishment proceedings you may apply to the registrar or the court and, if considered just in all the circumstances, an order may be made releasing all or part of this garnishment and providing for payment of the judgment against you by instalments.
Form E
Garnishing Order (Absolute)
In the ____________________ Court of ____________________.
Before the Hon. Mr. Justice ____________________
________________________________________, Plaintiff [or Judgment Creditor, or as the case may be],
________________________________________, Defendant [or Judgment Debtor, or as the case may be],
On reading the affidavit of ___________, filed on __________ [month, day], 19__, and the order made by the Honourable Mr. Justice ____________________, or by Mr. ____________________, registrar at ________, whereby it was ordered that all debts, obligations and liabilities owing, payable or accruing due from the above named garnishee [or as the case may be] to answer [continue as in attaching order and refer to any other material used on the motion], and on hearing ___________________ and ____________________ [or ___________________ having been duly served with notice of this motion and not having appeared, or as the case may be],
I order that the above named garnishee [or as the case may be] at once [or on __________ [month, day], 19__,] pay to the plaintiff [or as the case may be] $__________ due [or payable, or on that day to become due or payable] from the garnishee [or as the case may be] to the defendant [or as the case may be].
[Add any directions as to costs or otherwise.]
Date: __________ [month, day], 19.__
Form F
Garnishing Order Before Judgment
When making payment into
court this action number must
be quoted.
Action No. ______/______
Year
In the Supreme Court of British Columbia (in ____________________
Before Mr. ____________________, District Registrar
Between ____________________, Plaintiff and ____________________, Defendant and ____________________, Garnishee.
On reading the affidavit of ____________________, sworn __________ [month, day], 19__, and on it appearing that the indebtedness, obligation or liability of the garnishee(s) is not for wages or salary, I order that all debts, obligations and liabilities owing, payable or accruing due from the above named garnishee [or garnishees or any of them] to the above name defendant(s), ____________________ other than for wages or salary, be attached to the total amount set out below and paid into court.
Date: __________ [month, day], 19__.
| To the Defendant(s): | To the Garnishee(s): |
| (Name) ______________________ | (Name) ______________________ |
| (Address) ____________________ | (Address) ____________________ |
| (Name) ______________________ | (Name) ______________________ |
| (Address) ____________________ | (Address) ____________________ |
| $ | Cents |
| Amount due | |
| Cost of attachment proceedings | |
| Total amount attached |
NOTICE TO GARNISHEE
If you do not pay into court at once the amount of your indebtedness to the defendant, an order may be made against you for the payment of the full amount with costs.
If you dispute your liability, you should at once file a dispute note.
NOTICE TO DEFENDANT
You may apply to the registrar or the court and, if considered just in all the circumstances, an order may be made releasing all or part of this garnishment.
Historical Note(s): RS1960-20-Sch.; 1964-3-3; 1970-44-2; 1975-4-2; 1977-31-3.
Certificate
| Canada: Province of British Columbia. |
It is certified that, among the records of the court of ____________________, at ____________________, before the Honourable ____________________, a justice [judge] of the court, in the Procedure Book there is record of an action, numbered as No. __________, between ____________________ (plaintiff(s)) and ____________________ (defendant(s)).
1. The writ of summons [or statement of claim, as the case may be] was issued on __________ [month, day], 19__, and proof was furnished to this court that it was served on the defendant by delivery of a copy of it to him and leaving it with him.
2. No defence was entered, and the judgment was allowed by [proof, default or order] __________.
2. A defence was entered and judgment was allowed at the trial [or as the case may be] __________.
3. Judgment was given on __________ [month, day], 19__.
4. Time for appeal has expired and no appeal is pending [or an appeal against the judgment was made and was dismissed by the Court of Appeal and the time for any further appeal has expired and no further appeal is pending, or as the case may be].
5. Further details if any.
| Claim as allowed | $ |
| Costs to judgment | |
| Subsequent costs | |
| Interest | |
| $ | |
| Paid on | $ |
| And the balance remaining due on the judgment for debt, interest and costs is |
In testimony of which we have fixed the seal of the court ____________________ at __________, [month, day], 19__.
A Justice [Judge] of the Court of
_________________________
Or
Clerk of the Court of _________.
Historical Note(s): RS1960-331-Sch.
Form A
Notice of Sale by Sheriff, Under the Court Order Enforcement Act
In the Supreme Court of British Columbia [or, giving the name of the Court].
| PLAINTIFF | AGAINST | DEFENDANT | |
| District, Town or City | No. of Lot | Concise Description of Property | Estate or Interest |
| [Such as fee simple, leasehold, as case may be.] | |||
| When to Be Sold | Where to Be Sold |
Form B
Sheriff's Certificate of Apportionment, Under the Court Order Enforcement Act
I, ________________________, Sheriff for _________________________, certify that $__________ is the amount or proportion of the mortgage debt or other encumbrance for $__________ charged on land, to be paid by purchaser (including the interest on $__________ proportion to the day of sale) for the property purchased by ____________________ on __________ [month, day], 19__, at the sale under the writ of execution against the land of __________________ judgment debtor, on which the ____________________ was an encumbrance.
Form C
Form of Conveyance
I, ____________________, Sheriff for ____________________, state:
That, under an order for the sale of land issued on a judgment of the ____________________ Court, in a proceeding by ____________________ against ____________________, all the estate, right, title and interest of the defendant in the land hereafter described were sold by me at public auction on __________ [month, day], 19__, to ____________________ (he being the highest bidder), for $__________.
That, in consideration of $__________, paid by ____________________ to me on the execution of this document, I do under the power vested in me by the Court Order Enforcement Act and of all other powers vested in me in that behalf, grant and convey in the following land all the right, title and interest of ____________________, defendant, to ____________________, that is to say: All that [parcels].
To ____________________, his heirs and assigns, forever.
In witness of which I have set my hand and seal on __________ [month, day], 19__.
| [l.s.] Signed, sealed, and delivered in the presence of — ________________________ |
Form D
Mortgage or Other Encumbrance — Certificate of Satisfaction of Encumbrance
Under the Court Order Enforcement Act, ____________________ certify that the mortgage or other encumbrance registered in the office of the Registrar of Titles on __________ [month, day ], 19__, and numbered __________, has been paid off and satisfied.
I, ____________________, of ____________________, make oath and say that I am [in my own right, or as the attorney or agent of ____________________, of ____________________, or that ____________________ and myself are] entitled to give the above written certificate.
Sworn before me, __________ [month, day], 19__.
Historical Note(s): RS1960-135-Sch.; 1976-33-87.
CONVENTION BETWEEN CANADA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND PROVIDING FOR THE RECIPROCAL RECOGNITION AND ENFORCEMENT OF JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS
The United Kingdom of Great Britain and Northern Ireland,
DESIRING to provide on the basis of reciprocity for the recognition and enforcement of judgments in civil and commercial matters;
HAVE AGREED AS FOLLOWS:
Part I
Definitions
ARTICLE I
In this Convention
(a) "appeal" includes any proceeding by way of discharging or setting aside a judgment or an application for a new trial or a stay of execution;
(b) "the 1968 Convention" means the Convention of 27th September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended;
(c) "court of a Contracting State" means
(i) in relation to the United Kingdom, any court of the United Kingdom or of any territory to which this Convention extends pursuant to Article XIII;
(ii) in relation to Canada, the Federal Court of Canada or any court of a province or territory to which this Convention extends pursuant to Article XII,
and the expressions "court of the United Kingdom" and "court of Canada" shall be construed accordingly;
(d) "judgment" means any decision, however described (judgment, order and the like), given by a court in a civil or commercial matter, and includes an award in proceedings on an arbitration if the award has become enforceable in the territory of origin in the same manner as a judgment given by a court in that territory;
(e) "judgment creditor" means the person in whose favour the judgment was given, and includes his executors, administrators, successors and assigns;
(f) "judgment debtor" means the person against whom the judgment was given and includes any person against whom the judgment is enforceable under the law of the territory of origin;
(g) "original court" in relation to any judgment means the court by which the judgment was given;
(h) "registering court" means a court to which an application for the registration of a judgment is made;
(i) "territory of origin" means the territory for which the original court was exercising jurisdiction.
Part II
Scope of the Convention
ARTICLE II
1. Subject to the provisions of this Article, this Convention shall apply to any judgment given by a court of a Contracting State after the Convention enters into force and, for the purposes of Article IX, to any judgment given by a court of a third State which is a party to the 1968 Convention.
2. This Convention shall not apply to
(a) orders for the periodic payment of maintenance;
(b) the recovery of taxes, duties or charges of a like nature or the recovery of a fine or penalty;
(c) judgments given on appeal from decisions of tribunals other than courts;
(d) judgments which determine
(i) the status or legal capacity of natural persons;
(ii) custody or guardianship of infants;
(iii) matrimonial matters;
(iv) succession to or the administration of the estates of deceased persons;
(v) bankruptcy, insolvency or the winding up of companies or other legal persons;
(vi) the management of the affairs of a person not capable of managing his own affairs.
3. Part III of this Convention shall apply only to a judgment whereby a sum of money is made payable.
4. This Convention is without prejudice to any other remedy available to a judgment creditor for the recognition and enforcement in one Contracting State of a judgment given by a court of the other Contracting State.
Part III
Enforcement of Judgments
ARTICLE III
1. Where a judgment has been given by a court of one Contracting State, the judgment creditor may apply in accordance with Article VI to a court of the other Contracting State at any time within a period of six years after the date of the judgment (or, where there have been proceedings by way of appeal against the judgment, after the date of the last judgment given in those proceedings) to have the judgment registered, and on any such application the registering court shall, subject to such simple and rapid procedures as each Contracting State may prescribe and to the other provisions of this Convention, order the judgment to be registered.
2. In addition to the sum of money payable under the judgment of the original court including interest accrued to the date of registration, the judgment shall be registered for the reasonable costs of and incidental to registration, if any, including the costs of obtaining a certified copy of the judgment from the original court.
3. If, on an application for the registration of a judgment, it appears to the registering court that the judgment is in respect of different matters and that some, but not all, of the provisions of the judgment are such that if those provisions had been contained in separate judgments those judgments could properly have been registered, the judgment may be registered in respect of the provisions aforesaid but not in respect of any other provisions contained therein.
4. Subject to the other provisions of this Convention
(a) a registered judgment shall, for the purposes of enforcement, be of the same force and effect;
(b) proceedings may be taken on it; and
(c) the registering court shall have the same control over its enforcement;
as if it had been a judgment originally given in the registering court with effect from the date of registration.
ARTICLE IV
1. Registration of a judgment shall be refused or set aside if
(a) the judgment has been satisfied;
(b) the judgment is not enforceable in the territory of origin;
(c) the original court is not regarded by the registering court as having jurisdiction;
(d) the judgment was obtained by fraud;
(e) enforcement of the judgment would be contrary to public policy in the territory of the registering court;
(f) the judgment is a judgment of a country or territory other than the territory of origin which has been registered in the original court or has become enforceable in the territory of origin in the same manner as a judgment of that court; or
(g) in the view of the registering court the judgment debtor either is entitled to immunity from the jurisdiction of that court or was entitled to immunity in the original court and did not submit to its jurisdiction.
2. The law of the registering court may provide that registration of a judgment may or shall be set aside if
(a) the judgment debtor, being the defendant in the original proceedings, either was not served with the process of the original court or did not receive notice of those proceedings in sufficient time to enable him to defend the proceedings and, in either case, did not appear;
(b) another judgment has been given by a court having jurisdiction in the matter in dispute prior to the date of judgment in the original court; or
(c) the judgment is not final or an appeal is pending or the judgment debtor is entitled to appeal or to apply for leave to appeal against the judgment in the territory of origin.
3. If at the date of the application for registration the judgment of the original court has been partly satisfied, the judgment shall be registered only in respect of the balance remaining payable at that date.
4. A judgment shall not be enforced so long as, in accordance with the provisions of this Convention and the law of the registering court, it is competent for any party to make an application to have the registration of the judgment set aside or, where such an application is made, until the application has been finally determined.
ARTICLE V
1. For the purposes of Article IV (1) (c) the original court shall be regarded as having jurisdiction if
(a) the judgment debtor, being a defendant in the original court, submitted to the jurisdiction of that court by voluntarily appearing in the proceedings;
(b) the judgment debtor was plaintiff in, or counterclaimed in, the proceedings in the original court;
(c) the judgment debtor, being a defendant in the original court, had before the commencement of the proceedings agreed, in respect of the subject matter of the proceedings, to submit to the jurisdiction of that court or of the courts of the territory of origin;
(d) the judgment debtor, being a defendant in the original court, was at the time when the proceedings were instituted habitually resident in, or being a body corporate had its principal place of business in, the territory of origin;
(e) the judgment debtor, being a defendant in the original court, had an office or place of business in the territory of origin and the proceedings were in respect of a transaction effected through or at that office or place; or
(f) the jurisdiction of the original court is otherwise recognised by the registering court.
2. Notwithstanding anything in sub-paragraphs (d), (e) and (f) of paragraph (1), the original court shall not be regarded as having jurisdiction if
(a) the subject matter of the proceedings was immovable property outside the territory of origin; or
(b) the bringing of the proceedings in the original court was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the territory of origin.
Part IV
Procedures
ARTICLE VI
1. Any application for the registration in the United Kingdom of a judgment of a court of Canada shall be made
(a) in England and Wales, to the High Court of Justice;
(b) in Scotland, to the Court of Session;
(c) in Northern Ireland, to the High Court of Justice.
2. Any application for the registration in Canada of a judgment of a court of the United Kingdom shall be made
(a) in the case of a judgment relating to a matter within the competence of the Federal Court of Canada, to the Federal Court of Canada;
(b) in the case of any other judgment, to a court of a province or territory designated by Canada pursuant to Article XII.
3. The practice and procedure governing registration (including notice to the judgment debtor and applications to set registration aside) shall, except as otherwise provided in this Convention, be governed by the law of the registering court.
4. The registering court may require that an application for registration be accompanied by
(a) the judgment of the original court or a certified copy thereof;
(b) a certified translation of the judgment, if given in a language other than the language of the territory of the registering court;
(c) proof of the notice given to the defendant in the original proceedings, unless this appears from the judgment; and
(d) particulars of such other matters as may be required by the rules of the registering court.
ARTICLE VII
All matters concerning
(a) the conversion of the sum payable under a registered judgment into the currency of the territory of the registering court; and
(b) the interest payable on the judgment with respect to the period following its registration;
shall be determined by the law of the registering court.
Part V
Recognition of Judgments
ARTICLE VIII
Any judgment given by a court of one Contracting State for the payment of a sum of money which could be registered under this Convention, whether or not the judgment has been registered, and any other judgment given by such a court, which if it were a judgment for the payment of a sum of money could be registered under this Convention, shall, unless registration has been or would be refused or set aside on any ground other than that the judgment has been satisfied or could not be enforced in the territory of origin, be recognised in a court of the other Contracting State as conclusive between the parties thereto in all proceedings founded on the same cause of action.
Part VI
Recognition and Enforcement of Third State Judgements
ARTICLE IX
1. The United Kingdom undertakes, in the circumstances permitted by Article 59 of the 1968 Convention, not to recognise or enforce under that Convention any judgment given in a third State which is a Party to that Convention against a person domiciled or habitually resident in Canada.
2. For the purposes of paragraph (1)
(a) an individual shall be treated as domiciled in Canada if and only if he is resident in Canada and the nature and circumstances of his residence indicate that he has a substantial connection with Canada; and
(b) a corporation or association shall be treated as domiciled in Canada if and only if it is incorporated or formed under a law in force in Canada and has a registered office there, or its central management and control is exercised in Canada.
Part VII
Final Provisions
ARTICLE X
This Convention shall not affect any conventions, international instruments or reciprocal arrangements to which both Contracting States are or will be parties and which, in relation to particular matters, govern the recognition or enforcement of judgments.
ARTICLE XI
Either Contracting State may, on the exchange of instruments of ratification or at any time thereafter, declare that it will not apply the Convention to a judgment that imposes a liability which that State is under a treaty obligation toward any other State not to recognise or enforce. Any such declaration shall specify the treaty containing the obligation.
ARTICLE XII
1. On the exchange of instruments of ratification, Canada shall designate the provinces or territories to which this Convention shall extend and the courts of the provinces and territories concerned to which application for the registration of a judgment given by a court of the United Kingdom may be made.
2. The designation by Canada may be modified by a further designation given at any time thereafter.
3. Any designation shall take effect three months after the date on which it is given.
ARTICLE XIII
1. The United Kingdom may at any time while this Convention is in force declare that this Convention shall extend to the Isle of Man, any of the Channel Islands, Gibraltar or the Sovereign Base Areas of Akrotiri and Dhekelia (being territories to which the 1968 Convention may be applied pursuant to Article 60 of that Convention).
2. Any declaration pursuant to paragraph (1) shall specify the courts of the territories to which application for the registration of a judgment given by a court of Canada shall be made.
3. Any declaration made by the United Kingdom pursuant to this Article may be modified by a further declaration given at any time thereafter.
4. Any declaration pursuant to this Article shall take effect three months after the date on which it is given.
ARTICLE XIV
1. This Convention shall be ratified; instruments of ratification shall be exchanged at London.
2. This Convention shall enter into force three months after the date on which instruments of ratification are exchanged.
3. This Convention may be terminated by notice in writing by either Contracting State and it shall terminate three months after the date of such notice.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed this Convention.
DONE in duplicate at Ottawa, this 24th day of April, 1984 in the English and French languages, each version being equally authentic.
"John L. Tait"
For the Government of Canada
"R.H. Baker"
For the Government of the United Kingdom of
Great Britain and Northern Ireland.
Historical Note(s): 1985-70-2, effective January 1, 1987 (B.C. Reg. 254/86).
[Editorial Note(s): Convention in force in the Province January 1, 1987, see Notice, Part II Gazette, Vol. 29, p. 431.]
Printed for Convenience
JURISDICTIONS DECLARED TO BE RECIPROCATING STATES FOR THE PURPOSES OF THIS ACT
[Printed for convenience: see Court Order Enforcement Act, Part 2 (section 39)]
| North America: | ||
| in Canada: | ||
| Alberta | Nova Scotia | |
| Manitoba | Ontario | |
| New Brunswick | Prince Edward Island | |
| Newfoundland | Saskatchewan | |
| Northwest Territories | Yukon Territory | |
| in the United States: | ||
| Alaska | Idaho | |
| California | Oregon | |
| Colorado | Washington | |
| Europe: | ||
| Austria | ||
| Federal Republic of Germany (including Land Berlin) | ||
| United Kingdom | ||
| South Pacific: | ||
| in Australia: | ||
| Australian Antarctic Territory | Queensland | |
| Australian Capital Territory | South Australia | |
| Coral Sea Islands Territory | Tasmania | |
| Heard and McDonald Islands Territory | Territory of Ashmore and Cartier Islands | |
| New South Wales | Victoria | |
| Northern Territory of Australia | ||
Copyright (c) Queen's Printer, Victoria, British Columbia, Canada