Creditors Remedies 2024

Course Chairs
Sherryl Dubo — McMillan Dubo Law Group, Kamloops
Hunter Parsons — Borden Ladner Gervais LLP, Vancouver

About the Course Chairs
Sherryl Dubo is co-founder of McMillan Dubo LLP and leads the realization and insolvency group.

Sherryl has practiced almost exclusively in the areas of commercial insolvency, foreclosures, personal property security realization, and collections work during her 18 years as a lawyer. She routinely represents financial institutions throughout BC, as well as receivers and bankruptcy trustees.

Sherryl practiced for 10 years with a major national law firm in Vancouver as part of their realization and insolvency group. She then joined a regional law firm in Kamloops where she was a partner before co-founding McMillan Dubo LLP.

Today, she spends much of her free time practicing her negotiation and dispute resolution skills with her three small children, with the help of her husband.

Hunter Parsons is a litigation, arbitration and dispute avoidance lawyer with substantial experience representing clients in the financial services industry, including investment dealers and brokers, commercial landlords and tenants, creditors, victims of financial fraud, and parties to commercial contracts. Hunter strives to deliver market-leading service to each of his clients.

Hunter is a member of BLG's Diversity & Inclusion Committee and is actively involved in the firm's student recruitment, summer student and articling programs. He regularly provides coaching and mentorship to junior lawyers, focusing on litigation and client service skills development, and work-life balance.

Faculty
Associate Judge Kimberley A. Robertson — Superior Courts Judiciary, Vancouver
Scott R. Andersen — Lawson Lundell LLP, Kelowna
Jennifer L. Cockbill — McMillan Dubo Law Group, Kamloops
Gerald A. (Gerry) Cuttler, KC — Sugden, McFee & Roos LLP, Vancouver
Catherine Ewasiuk — Fulton & Company Law Corporation, Vancouver
David Mckenzie — Jenkins Marzban Logan LLP, Vancouver
Peter Powers — Principal, Accurate Bailiff Group, Burnaby
Aminollah Sabzevari — Department of Justice Canada, Adjunct Professor, Peter A. Allard School of Law, Vancouver
David Volk — Jenkins Marzban Logan LLP, Vancouver

Click here for full faculty bios

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British Columbia Creditors' Remedies—An Annotated Guide
Your British Columbia source on debt recovery and collections

This publication is essential for: lawyers acting for debtors and creditors with
collections issues in BC

Current to: July 1, 2022

British Columbia Creditors' Remedies: An Annotated Guide is your one-stop resource for direction on collection-related practice issues in BC. With annotated precedents and step-by-step instructions guiding you through creditors' remedies practice in the BC Supreme Court, this guide covers assessing and managing collections, prejudgment collections, debtor asset assessment, how to effectively use execution proceedings, and tips on acting for the debtor.

With this resource, you will be able to:

• confidently navigate the procedures and court forms involved in debt recovery in BC
  
• capably advise your client regarding the various remedies available for collection
  
• benefit from commentary from experienced counsel on debt recovery best practices and pitfalls to avoid

Buy today and advise more skillfully on debt collection! View a sample from this book!

Highlights of the 2022 Update include:

• developments in the case law, legislation, and practice since 2020, including: 
  • the proposed Commercial Liens Act, which received royal assent on March 31, 2022 (watch for regulation bringing into force)
  • Canada v. Canada North Group Inc., 2021 SCC 30 on the Companies' Creditors Arrangement Act
  • updated information on conducting searches, including a new section on intellectual property searches
• updated forms and precedents

• pros and cons of bankrupting a debtor
• requirements for a bankruptcy application
• powers of trustee
• preference payments and transfers at undervalue
• creditors' power to pursue their own proceedings
• recovery as condition of discharge

• pre-claim considerations
• litigation options, strategies, and risks
• fraudulent preference/conveyances
• investigatory orders and injunctions
• knowing receipt

• what is a "foreign judgment"?
• how is it enforced in BC?
• various defences to claims based on a foreign judgment
• application of the Court Order Enforcement Act
• developments in the enforcement of foreign non-monetary judgment

• review of case law developments pertaining to the Builders Liens Act, including:
  • change to the method of statutory interpretation
  • increased liability for lien claimants for abuse of process
  • increased willingness by courts to reduce lien security
• new Commercial Liens Act

• how to obtain a writ
• what assets can be seized and sold
• what assets are exempt from seizure
• working with court bailiffs
• searches to locate assets
• sharing among creditors under the Creditors Assistance Act

• coming into force in 2025