Creditors' Remedies

Debt collection is an unpleasant reality for many businesses. Many disputes, some waged in the courts, concern the collection of money or recovery of property.

Clark Wilson LLP's Creditors' Remedies Group assists clients facing these types of issues in an effective, efficient and economical manner. While we make every effort to resolve debt collection disputes without litigation, we do have extensive experience before all levels of court in British Columbia.

Clients who have utilized our Creditors’ Remedies services range from sole proprietors to multinational corporations, including financial institutions, commercial developers and land owners, leasing companies, and construction trades. Our experience in this area includes matters such as:

• collection of overdue accounts;
• enforcement of domestic and foreign judgments;
• recovery of funds, assets and property;
• residential and commercial foreclosure proceedings;
• commercial tenancy defaults;
• equipment leasing defaults;
• bankruptcy and insolvency;
• priority disputes among creditors; and
• execution proceedings.

Our Creditors Remedies practitioners also advise trustees in bankruptcy and receivers on such issues as the enforceability of security priorities, statutory trusts, claims by employees and liability of directors.

Our practitioners in this area have quite literally "written the book" on creditors' remedies issues. Canada Law Book publishes the Annotated British Columbia Court Order Enforcement Act, authored by Clark Wilson LLP's Bill Holder and John Fiddick. The publication is designed to keep readers in tune with the latest amendments to the law relating to the enforcement of monetary judgments. In addition to Bill and John's commentary and annotations to the Act, the book includes explanations of practical issues, a review of the Creditor Assistance Act, forms and precedents.