Debtors’ and Creditors’ Rights

Course number: LAW 2530

Remedies of the unsecured creditor, enforcement of judgments, fraudulent conveyances and preferences, general assignments and bankruptcy. Builders’ liens and special rights arising out of builders’ and workers’ legislation relating to real estate transactions.

Extended Course Description

RECOMMENDED: Trusts, 2490

COURSE CONTENT: A Course consisting of a practical study of the rights of secured and unsecured creditors. Approximately 50% of the Course deals with the rights, remedies and priorities available to creditors and debtors under provincial and federal legislation including the Court of Queen’s Bench Act, the Queen’s Bench Rules, the Landlord and Tenant Act, the Personal Property Security Act, and the Bankruptcy and Insolvency Act. The balance of the Course focuses on the Builders Liens Act including the creation and enforcement of liens, trust and holdbacks created under the Act, priorities of mortgagees, judgment creditors and lien and trust claimants, and the conduct of an action to enforce same.

TEACHING METHOD: Lectures.

ASSESSMENT: Course is marked on basis of final open book written examination in which practical significance of Course is stressed.

INSTRUCTORS:

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