Pre-judgment garnishment

In British Columbia, the Court Order Enforcement Act governs how garnishments are executed.

In British Columbia, we often model Post-judgment garnishment is a common tool used to get cash from a defendant who has lost a trial and owes money to the Plaintiff, but still will not pay.

The Supreme Court of British Columbia has changed the law dramatically on the issue of pre-judgment garnishment.  They are now much more difficult to obtain than they have been in the past, and easier to set aside if they do not comply with the new standard, see Key Insurance Services Partnership v. Clarke Insurance Services Ltd..

We continue to see Plaintiff's counsel writing affidavits supporting a pre-judgment garnishment order that complies only with the bare minimum of the requirements listed in the Court Order Enforcement Act.  However, the case of Key Insurance quite clearly states that minimal compliance with the Act is not enough.  Instead, affidavits supporting these orders must comply with much more.

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