This memorandum addresses a group of Rules and forms concerned with enforcement of judgments or orders of court. The committee is primarily concerned with Parts 28 (Enforcement of Judgments and Orders), 36 (Extraordinary Remedies) and 57 (Rules and Orders Promulgated under the Winding-Up Act). The committee also comments on Rules 82-83, 151, 155, 331, 333, Part 37 and some general issues. This report discusses 160 rules and 7 forms, and makes proposals on 67 issues.

The principles of this report are that remedies are important and a remedial system must be fair, appropriate and reasonable for all parties. The present enforcement Rules are in need of reform that seeks to develop general propositions rather than a series of specific but similar situations, avoids repetition and eliminates obsolete Rules, and organizing the Rules in the chronology of a lawsuit.

Rules which deal only with issues governed by the Civil Enforcement Act should be amended and moved to that Act or to the Civil Enforcement Regulation. Rules 74(2), 151 and 155(b), which require leave of the court before enforcement can be commenced, should be repealed. The present Rules regarding enforcement against a partnership and its partners should be amended to follow Rules 8.01 to 8.06 of the Ontario, Rules of Civil Procedure [Ontario Rules]. The time limits on the enforcement of money and non-money judgments should be clarified, and Rules 331, 347 and 357 should be amended. The Rules regarding replevin (Rules 427-436); interpleader (Rules 442-460); receivers (Rules 463-464); preservation orders in part (Rules 467-469); and stop orders (Rule 494) should be moved to a new part of the Alberta Rules entitled “Preservation of Rights in Pending Litigation” and located before the Rules on trial and judgment.