Preserving Assets Pending Judgment: A Guide To Attachment Orders In Alberta

For a successful plaintiff, their ability to recover damages will depend on whether the defendant has enough assets to satisfy the plaintiff's judgment. For that reason, a plaintiff has an interest in preventing the defendant from disposing of their assets during the lawsuit. This is particularly pressing if there is reason to believe that the defendant, knowing they are in legal jeopardy, will take steps to move their assets out of their creditors' reach.

Fortunately, there are ways a plaintiff can seek to preserve a defendant's assets pending the outcome of their lawsuit. In Alberta, the primary mechanism used to preserve assets pending judgment is called an attachment order. Under the Civil Enforcement Act, claimants may apply to court for an attachment order if they have commenced or are about to commence legal proceedings in Alberta to establish their claim.¹