B.C. Proposes Money Judgment Enforcement Act
Published by Waterstone Law Group By Prince Dhillon, Summer Articling StudentThis May, British Columbia’s Office of the Attorney General proposed Bill 27 (currently referred to as the Money Judgment Enforcement Act) which aims to simplify the process for successful litigants to collect monetary amounts awarded by civil courts and tribunals.
Complexities of the Current Collection System
Following a lengthy legal battle, the last thing successful litigants should have to do is jump through additional hoops to receive their awarded amounts. However, the current process for collecting the money awarded can often be unduly burdensome on the successful party, as the process usually entails additional paperwork and legal procedures. Unfortunately, this frustration often prevents successful litigants from obtaining the full amounts they are owed.
Simplified Collection Procedures
Bill 27 hopes to make the collection process less burdensome for successful parties. Under the new legislation, monetary judgments will be enforceable through a single enforcement instruction, which will be registered in a publicly-accessible and searchable registry. This will remove the onerous requirement to repeatedly submit additional paperwork.
Additionally, the legislation hopes to incorporate the seizure of other kinds of assets that were not previously considered seizable, such as crops and co-owned assets.
Timeline for Implementation
The proposed legislation is expected to come into effect in 2025. However, considering the amount of time it can take to settle certain disputes, the new legislation may be in effect when settlements are reached for people currently litigating matters before a court or a tribunal.
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For more information or assistance with your commercial and civil litigation matters, including collecting and enforcing current judgement, contact Waterstone Law Group’s litigation team.