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ARTICLE · 06 APRIL 2016

Ontario Paves Road To Improved Judgment-Creditor Recovery - New Developments Could Expedite Enforcement

Blaney McMurtry LLP
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Judgment-creditors who have experienced the uncertainty of Ontario's civil enforcement regime have recently been given two reasons to be cautiously optimistic about the future of enforcement.

CanadaInsolvency/Bankruptcy/Re-Structuring
Alexandra Teodorescu
Alexandra Teodorescu
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Judgment-creditors who have experienced the uncertainty of Ontario's civil enforcement regime have recently been given two reasons to be cautiously optimistic about the future of enforcement.

This past fall, the Ontario Superior Court in Canaccede International Acquisitions Ltd v. Abdullah, 2015 ONSC 5553 recognized a new judicially supervised process for the sale of a judgment-debtor's property, which represents an important alternative to the traditional Sheriff's sale under the Execution Act. This was the first time a judicial sales process was applied in Ontario outside of mortgage enforcement, family law and other litigation with respect to specific property. 

Further changes await if Ontario ultimately decides to privatize its civil enforcement service - an option that the Ministry of the Attorney General ("MAG") recently announced is officially on the table. The government is currently exploring two privatization models: (1) delegating to a

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