← University
Judgment Enforcement: Garnishment, Seizure, and Liens
0 of 4

A general contractor's failure to pay a $127,000 invoice for electrical work has placed a small electrical subcontracting firm in a precarious position that now involves multiple intersecting enforcement proceedings. The subcontractor, a sole proprietorship operating in southern Alberta for 11 years, completed rough-in and finish electrical work on a 24-unit residential condominium project over a 7-month period ending in March. The general contractor, a mid-sized construction company with ongoing projects across the region, accepted the work without reservation but did not remit payment within the 45-day terms specified in the subcontract. By June, informal collection efforts had failed, and by September, the subcontractor had obtained a default judgment in the Court of King's Bench for the full invoice amount plus prejudgment interest.

The judgment, however, has produced no payment. The general contractor continues to operate, with work crews visible on at least 3 active construction sites and a fleet of vehicles bearing company signage, yet claims through counsel that current cash flow does not permit satisfaction of the debt. The subcontractor's principal has begun investigating enforcement options and has learned that the general contractor maintains commercial banking accounts, holds receivables from project owners on ongoing work, and owns construction equipment including excavators, a crane truck, and various specialized tools. The question of which assets can be reached, through what mechanisms, and in what priority has become urgent.

Complicating the situation, the subcontractor is not only a creditor but also a debtor. A building materials supplier that provided electrical panels, wiring, and fixtures for the condominium project—materials totalling $38,500—obtained its own judgment against the subcontractor in July after the subcontractor fell behind on payment during the period when the general contractor's invoice remained outstanding. That supplier has now served a garnishment summons on the subcontractor's bank, and the subcontractor has received notice that a civil enforcement agency is preparing to execute a writ of seizure and sale against business assets. The subcontractor's business account contained approximately $14,200 at the time the garnishment summons was served, and the firm's assets include 2 work vehicles, specialized testing equipment, and inventory stored at a rented warehouse.

The subcontractor must now navigate the enforcement system from both directions simultaneously—pursuing collection remedies against the general contractor while responding to enforcement actions initiated by the materials supplier. Both matters raise questions about what can be garnished, what can be seized, what exemptions may apply, and whether the subcontractor can still register and enforce a builders lien against the condominium project to secure its claim before relevant limitation periods expire.

Garnishment: Reaching Wages, Bank Accounts, and Receivables

Garnishment stands as one of the most powerful tools available to judgment creditors in Canada, allowing them to intercept money owed to a debtor before that money ever reaches the debtor's hands. For business owners, sole proprietors, and non-profit operators, understanding garnishment is essential both for collecting debts owed to them and for responding properly when they receive garnishment orders directed at funds they control. The mechanism operates on a simple but far-reaching principle: if someone owes money to your debtor, the court can redirect that payment to you as the creditor instead. This applies to wages an employer owes to an employee, funds a bank holds in a customer's account, and payments one business owes to another for goods or services. The breadth of garnishment's reach makes it a cornerstone of civil enforcement across all Canadian jurisdictions.

The legal foundation for garnishment in common law provinces derives from provincial enforcement legislation and rules of civil procedure. In British Columbia, the Court Order Enforcement Act governs garnishment proceedings, while Alberta relies on the Civil Enforcement Act and the Garnishee Summons Rules under its rules of court. Saskatchewan operates under The Enforcement of Money Judgments Act, as of the date of authorship, which modernized its garnishment procedures significantly. Ontario's garnishment framework appears in the Wages Act and the Rules of Civil Procedure, with specific protections for employment income. Manitoba, New Brunswick, Nova Scotia, and Prince Edward Island maintain similar statutory schemes with variations in procedural detail. Quebec takes a fundamentally different approach rooted in its civil law tradition, where garnishment operates under the Code of Civil Procedure as seizure by garnishment, reflecting the province's distinct legal heritage while achieving comparable practical outcomes.

That’s the free preview

You’ve reached the end of what’s open to read. The rest of this lesson is part of a $79 course — purchasing unlocks it, or sign in if you already have access.