Pre-Judgment Remedies: Preserving Your Ability To Collect

In a previous article entitled "Enforcing Judgments: Not just a matter of being paid," we discussed judgment enforcement in Saskatchewan. In that article, it was noted that obtaining a judgment does not guarantee you will collect what is owed to you; however, just as the law provides for post-judgment processes to assist in collection, it also provides for pre-judgment remedies that can preserve your ability to later collect on a judgment or recover property. The following briefly discusses three pre-judgment remedies:

Preservation Orders

A preservation order is exactly what it sounds like, an order preserving property until an action is determined. Preservation orders are provided for in The Enforcement of Money Judgments Act (the "EMJA") as well as in The Queen's Bench Rules (the "Rules of Court").