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C.C.S.M. c. J10
The Judgments Act
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HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"attachment" means writ or order of attachment; (« saisie »)
"family" includes a person who, not being married to a debtor or judgment debtor, is cohabiting with him or her in a conjugal relationship of some permanence; (« famille »)
"judgment" includes an order, whether of the court or of a judge, and a certificate registered in the Federal Court of Canada that has, by statute, the same force and effect as if it were a judgment obtained in that court; (« jugement »)
"judgment creditor" means any person, whether plaintiff or defendant, who has recovered a judgment against another, and also any person entitled to enforce a judgment, and includes a corporation, foreign or domestic; (« créancier judiciaire »)
"judgment debtor" means any person, whether plaintiff or defendant, against whom a judgment has been recovered, and includes a corporation, foreign or domestic; (« débiteur judiciaire »)
"land" includes all real property, and every estate, right, title, and interest in land or real property, both legal and equitable, and of whatsoever nature and kind, and any contingent, executory, or future interest therein, and a possibility coupled with an interest in such land or real property, whether the object of the gift or limitation of the interest or possibility is ascertained or not, and also a right of entry, whether immediate or future, and whether vested or contingent, into and upon any land; (« bien-fonds »)
"register" or "registered", used with respect to a judgment or of a writ or order of attachment, means register or registered by the registration of a certificate thereof under this Act or some former Act of the Legislature. (« enregistrer » ou « enregistré »)
For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.
Immediately upon a judgment for payment of money being entered or recovered in the Court of Queen's Bench or in the Federal Court of Canada for a sum exceeding $40., a certificate of judgment in the form set out in Schedule A or to the like effect under the seal of the court and signed by the registrar or a deputy registrar of the court may be registered in any Land Titles Office in the province; and from the time of the registration thereof, the judgment, except as hereinafter mentioned, binds and forms a lien and charge on all lands of the judgment debtor against which the certificate of judgment is registered by instrument charging specific land and, while registered in the general register, against all lands of the judgment debtor in the Land Titles District in which the certificate is registered that are held in a name identical to the debtor set out in the certificate of judgment, whether or not the lands are registered under The Real Property Act; and the certificate when so registered has the same effect as if the judgment debtor had under its hand and seal executed a lien charging the lands in favour of the judgment creditor.
R.S.M. 1987 Supp., c. 28, s. 5.
After the registration of the certificate of judgment, the judgment creditor may, if he elects to do so, proceed upon the lien and charge thereby created; but no proceedings to realize upon a registered judgment shall be commenced until after one year from the date of the registration of a certificate in respect thereto.
Where an assignment of a judgment is registered in the court as herein provided, each certificate of the judgment thereafter issued shall contain a statement giving the particulars of the assignment, which statement may be in the following words or words to the like effect:
I further certify that by an assignment dated the day of , 19 , and registered in this court on the day of , 19 , the above named judgment creditor assigned the said judgment to of .
Where more than one assignment of a judgment is registered, each certificate of the judgment thereafter issued shall contain a like statement giving the particulars of each assignment so registered.
Every judgment recovered in the Court of Queen's Bench or the Federal Court of Canada for a sum exceeding $40. and ordering money, costs, charges or expenses to be paid by instalments or otherwise to any person or to be paid into court or to the credit of any cause in court or otherwise may be registered in any and all the registry offices or land titles offices of the province on the certificate of the Registrar or a deputy registrar of the court, signed by him under the seal of the court, stating the title of the cause or matter in which the judgment has been recovered the date thereof and the amount of money thereby, or by any report made in pursuance thereof, ordered to be paid, and when registered has the same effect as a registered judgment.
Every gift, grant, conveyance, alienation, assignment or transfer that by The Fraudulent Conveyances Act or by any other statute in force in the province relating to conveyances prejudicial to creditors, is declared to be void, is void as against the lien and charge aforesaid.
S.M. 1988-89, c. 13, ss. 20(3) and 42(5).
The lands of a deceased testator or intestate in Manitoba may be bound by and sold under a judgment recovered against his executor or administrator as such, or recovered against the testator or intestate in his lifetime, without revivor, in the same manner, and by the same proceedings, in and by which those lands could be bound and sold under a judgment recovered against the deceased if living.
Where an action or suit, not prohibited by clause 2(1)(l) of The Limitation of Actions Act, is brought or commenced upon a judgment, order, or decree of any court in Manitoba or of the Federal Court of Canada, under which a certificate has been registered, that at the time judgment is entered in the action or suit, forms a lien or charge upon the lands of the judgment debtor or any one claiming under him, the certificate, notwithstanding the entry of judgment in the action or suit, continues to form a lien or charge upon the lands of the judgment debtor or anyone claiming under him for 30 days after the entry of the judgment but not thereafter.
If within the 30 days mentioned in subsection (1) a certificate of the judgment entered in the action or suit is registered, that certificate of judgment from the date of its registration is entitled to the same priority as the certificate of judgment registered at the date of the entry of judgment in such action or suit, if the first certificate registered of the judgment entered in the action or suit contains a statement showing that the judgment was recovered on a former judgment; which statement may be in the following words or words to the like effect:
This judgment was recovered in an action brought on a former judgment recovered in this court on the day of , 19 , in suit numbered and entered up in judgment roll No. (or as the case may be).
R.S.M. 1987 Supp., c. 28, s. 6.
An order or judgment for alimony or maintenance may be registered in any Land Titles Office in Manitoba, and unless the registration is vacated or partially vacated under section 21, the registration, so long as the order or judgment registered remains in force, binds the estate and interest of every description which the defendant has in any lands in the Land Titles District where the registration is made, that are held in a name identical to the name set out in the order or judgment, and operates thereon in the same manner, and with the same effect, as the registration of a charge under the hand and seal of the defendant made by the defendant on his lands.
Where there is default in payment under an order or judgment registered pursuant to subsection (1), proceedings for the sale of any land or any estate or interest in land bound by the registration may be instituted, and an order for the sale of the land or the estate or interest may be made by the Court of Queen's Bench, in the same or like manner and with the same effect with such modifications as the circumstances require as in the case of a registration pursuant to section 2, 3 or 4 as the case may be, but notwithstanding subsection 3(1) the proceedings may be instituted and the order for sale made at any time after the registration and without waiting for the expiry of a period of one year.
Any surplus remaining after satisfaction of the arrears and costs out of the proceedings of a sale under subsection (2), or so much thereof as the Court of Queen's Bench may direct, shall be held by the court or be held or invested in such other manner as the court may direct as security for any future amounts payable under the order or judgment.
R.S.M. 1987 Supp., c. 28, s. 7.
No judgment for the payment of money whereof a certificate has been registered binds or forms a lien or charge on land in respect of which the person who is the judgment debtor,
(a) has made a bona fide sale, exchange, conveyance or transfer, or a bona fide agreement for sale or exchange, subsisting at the time of the registration; or
(b) has given a bona fide option to purchase subsisting at the time of the registration.
Where, after the making of an agreement for sale of land by the person who is the judgment debtor and prior to the time of the registration,
(a) the land or the agreement has been abandoned by the purchaser; or
(b) the land is under the terms of the agreement deemed to be abandoned by the purchaser; or
(c) the agreement has become void or has been cancelled in accordance with the terms thereof;
the agreement is not a subsisting agreement within the meaning of subsection (1).
Where the right of action on a certificate of judgment registered against any land is barred under The Limitation of Actions Act, the Court of Queen's Bench, on the application of any person interested in the land, may order the certificate to be vacated and any endorsement thereof on the certificate of title to the land to be removed.
Section 33 of The Law of Property Act, with such modifications as the circumstances require, applies to any application under this section.
Where, a judgment creditor assigns a judgment to another person, the assignment shall be in the form set out in Schedule B, or to the like effect; and, in the case of a second or subsequent assignment thereof, the form shall include a reference to all previous assignments and give the particulars thereof.
An assignment of a judgment may be registered in the court in which the judgment was recovered.
No assignment of a judgment shall be registered in any land titles office in the province.
This section does not apply to a judgment recovered in the Federal Court of Canada.
Subject to subsections (2), (3) and (4), unless otherwise provided, no proceedings shall be taken under a registered judgment or attachment against
(a) the farm land upon which the judgment debtor or his family actually resides or which he cultivates, either wholly or in part, or which he actually uses for grazing or other purposes, where the area of the land is not more than 160 acres;
(b) the house, stables, barns, and fences, on the judgment debtor's farm, subject, however, as aforesaid;
(c) the actual residence or home, not held in joint tenancy or tenancy in common, of any judgment debtor, other than a farmer, where the value thereof does not exceed the sum of $2,500.;
(d) the actual residence or home held in joint tenancy or tenancy in common, of any judgment debtor, other than a farmer, where the value of the interest of the judgment debtor does not exceed the sum of $1,500.
Where the area of land to which clause (1)(a) applies is more than 160 acres, the surplus may be sold, subject to any lien or encumbrance thereon.
Where the value of a residence or home or interest therein
(a) to which clause (1)(c) applies exceeds $2,500.; or
(b) to which clause (1)(d) applies exceeds the sum of $1,500.;
it may be offered for sale.
No residence or home or interest therein of a judgment debtor shall be sold unless the amount offered after deducting all costs and expenses
(a) exceeds $2,500. in the case of a home or residence to which clause (1)(c) applies; or
(b) exceeds $1,500. in respect of the interest of each judgment debtor in the case of a home or residence or interest therein to which clause (1)(d) applies;
and no such sale shall be carried out, or possession given to any person thereunder, until the amount of the exemption is paid over to the judgment debtor entitled to the exemption; and that sum, until paid over to the judgment debtor, shall be exempt from seizure under execution, garnishment, attachment for debt, or any other legal process.
A partnership firm cannot claim several exemptions for each partner, but only one exemption for the firm out of the partnership property.
The exemptions in this Act mentioned cannot be claimed by or on behalf of a debtor who is in the act of removing with his family from the province, or is about to do so, or who has absconded taking his family with him.
A judgment debtor is entitled to a choice from the greater quantity of the same kind of property which is hereby exempted from being sold under a registered judgment or attachment.
Nothing herein protects from a registered judgment or attachment, or from being sold, thereunder, any property the purchase price of which is the subject of the judgment or attachment proceeded upon, and to the extent to which it is so the subject.
Every agreement to waive or abandon an exemption from seizure or a benefit, right, or privilege, of exemption from seizure under this Act, and every arrangement, contract, or bargain, oral or written, under seal or otherwise, made or entered into, with or without valuable consideration, whereby an attempt is made to prevent any person from claiming the benefit, right, or privilege, of exemption under this Act, is void.
Subsection (1) does not give rise to any inference or implication that such an agreement, arrangement, contract, or bargain was not heretofore void.
The writ commonly called the writ of elegit and the writ of fieri facias de terris shall not be issued in the province.
A certificate of judgment registered in a land titles office, other than a judgment for alimony or maintenance, may be
(a) discharged, or
(b) partially discharged in so far as it affects the lands described in a partial discharge,
by any person entitled to discharge the judgment, by the registration in the proper land titles office of a discharge or partial discharge in the form set out in Schedule C or Schedule D, as the case may be, executed and registered in the same manner as a discharge of mortgage; and the discharge or partial discharge, when registered, has the effect of releasing the land charged by the registration of the certificate of judgment, or such portion thereof as may be stated in a partial discharge.
A certificate of judgment registered in a land titles office, or a judgment for alimony or maintenance so registered, may be vacated or partially vacated by the district registrar, or may be postponed to allow registration of a mortgage, lease, or encumbrance, specified in the order, with priority over the judgment, in so far as it affects lands described in the order, and to the extent necessary to give effect to the order, upon the registration in the proper land titles office of an order made
(a) in an action or other proceeding in the court in which the judgment was given; or
(b) upon application to a judge in chambers of the court in which the judgment was given; or
(c) in the case of an order made under The Wives' and Children's Maintenance Act before the repeal thereof or a certificate of judgment based on such an order, and in the case of an order made under The Family Maintenance Act, upon application to a judge of the court in which the order was made;
discharging or partially discharging the judgment, or postponing the judgment to allow registration of a lease, mortgage, or encumbrance with priority over the judgment, or a certified copy of such an order.
Unless the judge to whom the application for an order under subsection (1) is made otherwise directs in the order, it shall not be registered unless
(a) the judge or the proper officer of the court certifies that the time allowed for appealing from the order has expired, and either that no appeal therefrom has been taken or that any appeal taken therefrom has been disposed of; or
(b) in the case of an order to which clause (1)(c) applies or in any case of an order relating to a judgment for alimony or maintenance, the order is made on application by or on behalf of, or with the consent of the party in whose favour the judgment for alimony or maintenance was made.
The judge to whom an application for an order is made under subsection (1) may make the order on such terms as, in the circumstances of the case, he deems to be reasonable and just and where an order under subsection (1) is made in the circumstances described in clause (2)(b), the order shall indicate that it is made in those circumstances.
Notwithstanding subsection (1), where an order or judgment for alimony or maintenance registered in a land titles office contains no provision for payment in respect of a child, an instrument discharging or partially discharging or postponing the registration may be registered in the land titles office, and the instrument upon being so registered
(a) discharges the registration of the order or judgment; or
(b) partially discharges the registration of the order or judgment, in so far as it affects the lands described in the instrument; or
(c) postpones the registration of the order or judgment, in favour of any mortgage, lease or other encumbrance specified in the instrument;
as the case may be.
An instrument registered in a land titles office under subsection (4) shall be executed by the person in whose favour the order or judgment was made, and shall otherwise be in such form and of such content as the district registrar of the land titles office may require.