Acts Will Streamline Commercial Law

The Enforcement of Canadian Judgments and Decrees Act and the Liens Act were introduced today by Justice Minister Michael Baker. The bills are part of a national strategy to reform and harmonize commercial law in Canada and were developed by the Uniform Law Conference of Canada.

Enforcing a judgment from another jurisdiction here at home will be easier with the Enforcement of Canadian Judgments and Decrees Act. The bill allows for the registration in Nova Scotia of a judgment made in a civil proceeding from another jurisdiction. Once registered, it can be enforced as if it were a judgment of a Nova Scotia court.

The bill does not require reciprocity in order to enforce the judgment. Under the new act, the courts will no longer have to decide whether the court which issued the judgment had the jurisdiction to do so. It will also be possible to enforce non- monetary judgments, such as orders for injunction or specific performance.

The act doesn’t apply to maintenance orders, issues relating to the care of a minor, probate matters, fine payments or a non- monetary order made by a tribunal.

The Liens Act allows those who provide repairing, storing and carrying services to place a lien on the goods for which these services are provided. The lien secures the amount which had been agreed upon for the services provided. If there was no agreed amount, the lien secures the fair value of the services. In order to enforce the lien, the lien claimant must be in possession of the goods--or have written authorization to provide the service, or of payment obligation. The lien is attached either through the possession of the goods or by registering a financing statement under the Personal Property Securities Act. The lien can be enforced by a sheriff, who will have the power to seize the goods.

"We believe it is extremely important to make these changes in commercial law," said Mr. Baker. "We would also welcome any discussion on our proposals."

NOTE:

For more information on the Uniform Law Conference of Canada and its mandate, visit their Web site at: www.law.ualberta.ca/alri/ulc/ .