Creditor’s Remedies Articles

Unjust enrichment law is important to lawyers in Vancouver, B.C. practicing creditor’s remedies and business disputes law.  To succeed in an unjust enrichment claim, the plaintiff must prove three elements: (1) that the defendant was enriched; (2) that the plaintiff suffered a corresponding deprivation; and…

In his ground-breaking book Unjust Enrichment, the great English scholar Peter Birks introduces his subject by pointing to its mercurial development in the common law: “Of the subjects which form the indispensable foundation of private law, unjust enrichment is the only one to have evaded…

This article provides a brief introduction to secured transactions and attachment. Knowledge of secured transactions is integral to the practice of commercial law and attachment is a concept central to secured transactions. A secured transaction is an arrangement whereby a creditor obtains an interest in…

This article describes when British Columbia courts will recognize and enforce a foreign (i.e. non-B.C.) judgment. The first step is to determine whether the foreign judgment is from a reciprocating jurisdiction. A judgment obtained in a reciprocating jurisdiction will be enforceable in B.C. upon registration,…

Judgments from reciprocating states may be recognized in B.C. under the Court Order Enforcement Act (“COEA”), the Canada – United Kingdom Convention for the Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters (“Convention”) and the Supreme Court Rules (‘Rules of Court”). “Judgment”…

Garnishment is a legal procedure to cause money owed to a debtor by a third party to be paid into Court. The third party is called the “garnishee” and is often the debtor’s employer or a financial institution that holds money on deposit for the…