Enforcing Judgements

• Plaintiff


  The party who brings a civil case to court
• Plaintiff's responsibility in a civil case

  • To collect any damages awarded
  • Not the courts'
• Conditions for the plaintiff to collect from the defendant

  • Defendant has money
  • Defendant has assets that can be seized or sold
  • Defendant is owed a debt by someone else
  • Defendant's wages can be seized and paid to the plaintiff
• Collecting may be difficult if the defendant has little money to pay
• Options for the plaintiff to collect

  • Examination of the debtor
  • Seizing assets
  • Garnishment
• Examination of the Debtor

  1. Defendant is ordered to court under oath

  2. Judge examines the defendant's finances

  3. An agreement is reached as to how much the defendant can afford to pay

  4. If necessary instalment payments are arranged
• Seizing Assets


  1. Courts can take legal possession of the defendant's property and sell it

  2. A court official seizes the assets (repo-man) at a set time determined by the court

  3. Assets are sold at public auction

  4. The court deducts all of its costs from the sale and then pays the plaintiff as much of the judgement as possible

  5. If there is any money leftover, it is returned to the defendant

  6. Certain goods such as clothing, furniture, utensils, & tools can not be used
• Garnishment


  1. A court order that instructs an employer to deduct a specific percentage of a debtor's wages and pay that to the court

  2. Once the money is garnished, it is paid to the plaintiff as payment

  3. An employer can not fire a person because of a garnishment order

  4. Garnishment orders can also apply to bank accounts, unpaid rents, and money owing on contracts
• Ways for the defendant to end wage garnishment

  • Pay the judgement
  • File a proposal with the court about your payment plans
  • File for personal bankruptcy
• Court costs


  The legal fees and other expenses of the successful party, usually paid by the losing party
• The amount the judge awards may only cover part of the costs & would be more expensive if it was a long trial
• Remaining court costs may have to come out of the damage award, sometimes there is little left for the plaintiff
• Alternative Dispute Resolution (ADR)


  A process designed to resolve conflicts without formal trials
• Civil courts across Canada are backlogged and it may take several years and thousands of dollars before it reaches trial
• Types of ADR


  • Negotiation
  • Mediation
  • Arbitration
• Advantages of ADR


  • Less expensive
  • Much faster
  • Less distressing
  • It may produce a better or fairer result
  • It often results in a win-win situation that benefits both parties
• Negotiation


  A process whereby the parties to a civil dispute try to resolve the issues out of court, with or without their lawyers
• Negotiation


  • An informal & voluntary dispute resolution process between parties involved
  • A third party is not involved
  • The two parties determine the process, communicate, and reach mutually acceptable decisions
  • Discussions may relate to proof, witnesses, & evidence
  • Any agreement reached can be written into a contract
• Mediation


  A non-binding process in which the parties appoint a neutral third party (a mediator) to help them reach a mutually acceptable solution to their dispute
• Mediation


  • Mediators ask both parties to prepare written statements outlining their versions of the dispute & statements are shared
  • After the mediator learns of the dispute the mediator attempts to adjust or settle
  • Cost of mediation is shared by both parties
  • In Ontario mediation is mandatory prior to court to help prevent more backlogging
  • Mediation has a success rate of 80%-85%
  • If parties can not agree, they can walk away
• Arbitration


  A process whereby a neutral third party hears from the parties and makes a final and binding decision
• Arbitration


  • The parties select a neutral third party with specific technical knowledge
  • The arbitrator performs a role similar to that of a judge
  • Both parties can present evidence and examine & cross-examine witnesses
  • Communication flows between the parties through the arbitrator
  • Is more formal than negotiation & mediation
  • Is a last chance to settle a dispute before thousands of dollars are spent in litigation
  • Unlike mediation there is a winner & loser
  • EX: professional athletes & teams when resolving salary dispute, striking workers & employees often turn to arbitration to resolve contract dispute