Manitoba Court of Queen's Bench Rule 20A: History of the Law regarding Civil Money Judgment and Mortgage Enforcement.

摘要

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.