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ARTICLE · 07 JUNE 2017

The Supreme Court Of Canada Strengthens The Judgment Creditor Tool Box

Gardiner Roberts LLP
Gardiner Roberts LLP
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Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when privacy legislation stands in the way of pursuing certain remedies.

CanadaPrivacy
Scott Gfeller
Scott Gfeller
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Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when privacy legislation stands in the way of pursuing certain remedies. However, the Supreme Court of Canada in Royal Bank of Canada v. Trang, [2016] 2 SCR 412 recently provided a practical and balanced interpretation of privacy rights under the Personal Information and Electronic Documents Act (the "Act") as they relate to the disclosure of personal information by financial institutions.

One of the most valuable tools for judgment creditors is to file a Writ of Seizure and Sale against a judgment debtor. The Writ encumbers any land owned or subsequently acquired by the judgment debtor. Practically speaking, if the judgment debtor seeks to sell or mortgage their land, they will first have to pay out your judgment.

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