Unlike other jurisdictions in Canada, judgment enforcement in Saskatchewan is a unique process. Gone are the times of self-help remedies and cowboy justice. In Saskatchewan, all judgment enforcement must be carried out by the Saskatchewan Sheriff’s Office (the “Sheriff”). The process, while unique, can be powerful by virtue of the powers and remedies available in the enforcement process under The Enforcement of Money Judgments Act (the “EMJA”). Below, we will explore the process of realizing a judgment.

As noted, once you have a judgment, you will have to employ the help of the Sheriff in collecting the judgment amount. However, before you get to that step, you must first register your judgment. Saskatchewan maintains a judgment registry of all registered judgments in the province. To register a judgment, a submission is made to the Saskatchewan Personal Property Registry, Saskatchewan’s judgment database. Judgments can also be registered on title to lands owned by the debtor in Saskatchewan by registration through Information Services Corporation.

Once the judgment is registered and you have decided to enforce, then enforcement instructions are provided to the Sheriff directing the Sheriff to take various actions. Among other things, you can direct the Sheriff to attempt to seize accounts, intercept accounts receivable, or seize and sell assets subject to the exemptions in the EMJA. To do this, you are required to provide the Sheriff, as part of the enforcement instructions, all available information you have with respect to the property of the debtor.

If you are using a lawyer to assist with the enforcement of your judgment, certain aspects of the enforcement may be delegated to you and your counsel for execution. This includes service of the voluntary questionnaire pursuant to section 12, the mandatory questionnaire pursuant to section 13, and an appointment for examination of the debtor pursuant to section 14 the EMJA. Should the debtor fail to participate in the process once the above have been served, applications can be made to compel the debtor to participate under the EMJA.

If the Sheriff is successful in collecting money from the debtor, or if the debtor pays you funds directly but enforcement instructions have been provided to the Sheriff, the EMJA requires all money received to be paid to the Sheriff for distribution. This is to ensure there are no priority issues where the debtor favours one registered judgment creditor over another. If multiple registered judgment creditors exist, the Sheriff will divide the funds received and pay the creditors on a proportionate basis based on the amounts of the registered and proven judgments.

While some creditors choose to use the enforcement procedure outlined above, others may choose a “wait and see” strategy. Some creditors choose to register the judgment and simply wait for a life event to happen to the debtor, resulting in a disposition of a judgment-encumbered asset. Upon this life event, the debtor is required to pay the creditor in order to clear title or provide an unencumbered asset to a purchaser or family member. At this point, a debtor may choose to pay out the judgment, resulting in realization on the judgment for the creditor. If no enforcement instructions have been filed prior to the life event, but the judgment is registered, the creditor may avoid the need to deal with the Sheriff altogether.

Although judgment collection can be tricky, the EMJA provides tolls to aid in money judgment collections. The collection scheme can be tricky, and it is advisable to contact a lawyer who has experience with the nuisances of the EMJA and collections procedure and practice.

About the Author:

Taylor L. Wilcox is an associate lawyer in the Saskatoon office. He practices primarily in the areas of civil litigation, construction law, and foreclosure matters.

About McKercher LLP:

For nearly 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.