Manitoba Court of Queen's Bench Rule 20A: history of the law regarding civil money judgment and mortgage enforcement
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Date
2011-09-14
Authors
Effler, Barry Curtis
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Abstract
This Master of Laws thesis provides an analysis of Manitoba Court of Queen's Bench
civil money judgment cases, sampled quantitatively for 1995 and 2004, to examine the
length of time from the filing of a claim to judgment being issued, before and after the
implementation of Manitoba Queen s Bench Rule 20A. The historical roots of Manitoba
court procedure and certain enforcement processes are examined to explain historically:
if you get the judgment, how do you get the money? The procedural law is rooted in the
English medieval common law system of judicial writs, most recently made more
efficient by Manitoba Queen s Bench Rule 20A. This remains basic to issues of law
reform for all common law jurisdictions, including Saskatchewan s Enforcement of
Money Judgments Act, and this thesis concludes with a set of qualitative
recommendations.
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Keywords
Rule 20A, Queen's Bench, enforcement, money judgment, history of court, writ