This report is first in a series of final reports on the general topic of remedies of unsecured creditors. The report contains detailed recommendations for a legislative solution regarding the inadequacies identified in the available prejudgment remedies for unsecured claimants in Alberta. It details a variety of prejudgment remedies that currently exist and identifies as a problem the absence of any unifying principle in their application. There is discussion of the Mareva injunction, which has not eliminated the need for legislative reform of this area. The report recommends that all existing prejudgment relief mechanisms be replaced with a single mechanism by which an unsecured plaintiff may obtain a prejudgment remedy to be called and “attachment order”. This could only be granted by a judge of the Court of Queen’s Bench and could be issued in any case where a claimant was asserting a claim against a defendant that could result in a money judgment award. The report outlines the procedure of granting and terminating an attachment order, the effect it has on the plaintiff, defendant, and third persons, is outlined as well as benefits it would have on procedure and safeguards. A draft statute based on the recommendations is included in the last report of this series.
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