1(1)((r) “enforcement debtor” means a person against whom a writ is in force; 1(1)(p) “enforcement creditor” means a person in whose favour a writ is in force; Form 10 – form of the writ A money judgment may only be enforced under the CEA – through writ proceedings (s. 2) B. Scope of the Writ All property of the ED is subject to writ proceedings, except as provided (s. 2(b)) Section 33(2) – writ binds to all exigible property upon registry (non-exempt property) Personal property in PPR Land under the Land Titles Act What is property? 1(1)(ll) “property” includes (i) things, as well as rights or interests in things, (ii) anything regarded in law or equity as property or as an interest in property, (iii) any right or interest that can be transferred for value from one person to another, (iv) any right, including a contingent or future right, to be paid money or receive any other kind of property, and (v) any cause of action; Also see Stout Stout & Co. LLP v. Chez Outdoors Ltd. Ratio Defining property under the CEA (broad definition) Facts The plaintiff Stout obtained a judgment against the defendant Chez and issued a writ of enforcement The defendants held a Class T outfitter-guide permit issued under the Alberta Wildlife Act – allowed Chez to provide guide services for hunting big game Chez Outdoors also held “allocations” issued pursuant to the Wildlife Act regulation entitling it to legally contract with non-resident hunters for the provision of these services in relation to big game hunting Although Class T permits are not transferrable, allocations may be transferred to another eligible outfitter-guide with the approval of the Minister On the instruction of the enforcement creditor, “the bailiff effected seizure of ‘[a]ll Allocations, permits and entitlements issued by Alberta Professional Outfitters Society under the Alberta Wildlife Act’ held by the Defendant
1(1)((r) “enforcement debtor” means a person against whom a writ is in force; 1(1)(p) “enforcement creditor” means a person in whose favour a writ is in force; Form 10 – form of the writ A money judgment may only be enforced under the CEA – through writ proceedings (s. 2) B. Scope of the Writ All property of the ED is subject to writ proceedings, except as provided (s. 2(b)) Section 33(2) – writ binds to all exigible property upon registry (non-exempt property) Personal property in PPR Land under the Land Titles Act What is property? 1(1)(ll) “property” includes (i) things, as well as rights or interests in things, (ii) anything regarded in law or equity as property or as an interest in property, (iii) any right or interest that can be transferred for value from one person to another, (iv) any right, including a contingent or future right, to be paid money or receive any other kind of property, and (v) any cause of action; Also see Stout Stout & Co. LLP v. Chez Outdoors Ltd. Ratio Defining property under the CEA (broad definition) Facts The plaintiff Stout obtained a judgment against the defendant Chez and issued a writ of enforcement The defendants held a Class T outfitter-guide permit issued under the Alberta Wildlife Act – allowed Chez to provide guide services for hunting big game Chez Outdoors also held “allocations” issued pursuant to the Wildlife Act regulation entitling it to legally contract with non-resident hunters for the provision of these services in relation to big game hunting Although Class T permits are not transferrable, allocations may be transferred to another eligible outfitter-guide with the approval of the Minister On the instruction of the enforcement creditor, “the bailiff effected seizure of ‘[a]ll Allocations, permits and entitlements issued by Alberta Professional Outfitters Society under the Alberta Wildlife Act’ held by the Defendant
60+-+Law+514+JEL+CAN.docx