Debtor–Creditor Law and Procedure, 6th Edition covers the laws and processes related to debt collection. Produced to meet the specific needs of legal professionals, this text offers practical insights, realistic examples, and step-by-step instructions, covering the respective duties of paralegals and law clerks in both Superior and Small Claims Courts. As such, it thoroughly outlines commencement of proceedings, obtaining default judgment, documenting debt settlements, schedules for repayment, debt calculations, and debtor remedies.

This edition reflects updated regulations governing court procedures, as well as legislative changes at the provincial and federal level, including to the Criminal Code, the Payday Loans Act, and the Collection and Debt Settlement Services Act. New Case-in-Point boxes illustrate how the court deals with various issues.

• Expanded discussion of construction liens, estates, and actual steps for collecting post-judgment interest
• Up-to-date federal and provincial legislation, including to the Payday Loans Act, the Collection and Debt Settlement Services Act, the Unconscionable Transactions Relief Act, and the Construction Act
• Changes to Small Claims Court monetary jurisdiction
• Case-in-Point boxes that illustrate how the court deals with various issues
• Paralegal User Guide: highlights applicable sections for paralegal users
• Instructor Package: Test Bank, Instructor’s Guide, and PowerPoint presentations
• New 4-colour design

PART I: The Debt Collection Process
CHAPTER 1: Introduction
CHAPTER 2: Steps to Take Before Commencing Proceedings
CHAPTER 3: Searches to Carry Out Before Commencing Proceedings
CHAPTER 4: Determining the Amount Owing on a Claim
CHAPTER 5: Commencement of Proceedings
CHAPTER 6: Default Judgment
CHAPTER 7: Summary Judgment
CHAPTER 8: Defended Proceedings and Settlement
CHAPTER 9: Enforcement of Superior Court Judgments
CHAPTER 10: Small Claims Court Proceedings
CHAPTER 11: Small Claims Court Enforcement Proceedings

PART II: Debt Collection: Selected Topics
CHAPTER 12: Collections and Deceased Debtors
CHAPTER 13: Construction Liens
CHAPTER 14: Bankruptcy and Safeguards Against Fraud

PART III: Debtors’ Remedies
CHAPTER 15: Debtors’ Remedies

Chapter 1: Introduction

Case management masters now called “associate judges”
The text on pp 174-75 (especially footnote 3) notes that at the time of publication the title of “master” was in the process of changing. With final passage of the Accelerating Access to Justice Act, 2021, as of May 31, 2021, the title of “master” is now “associate judge.” See section 19(1)(c) of the Courts of Justice Act. The name change will come into effect once the amendments to the Act have been proclaimed in force.

Instructor Resources

• Instructor's Guide
• PowerPoint Presentations
• Test Bank

For free instructor resources, please contact instructor support.