Wednesday, September 15, 2021

Three days and counting ...

... until (barring an ill-conceived appeal) I will be entitled to register my 2010 defamation judgment in Saskatchewan against Lloydminster's Patrick Ross, judgment amount now currently at approximately $115,000. And while I have nothing particularly new to report this morning, it appears that the collection proceedings will be subject to Saskatchewan's "Enforcement of Money Judgments Act" (EMJA), a current copy of which can be perused here.

I have not examined it in detail, other than the sections which describe, in unpleasant detail, the consequences of submitting a false financial form by the judgment debtor, but feel free to kill some time and poke around.

P.S. I am particularly excited by the properties of the "Sheriff questionnaire", which would require by law that Patrick disclose any and all information about any property in which he has any stake whatsoever:




I'm going to guess that such a questionnaire would be filled out under oath, so that answering falsely would constitute perjury.

Savour the irony.

OOOOOOOOOH, BONUS ... If only I had read a bit further, I would have seen the part that allows the sheriff to also serve notice to other possibly-involved parties:




I will do my best to see that the members of Patrick's immediate family will also be filling out some forms.

5 comments:

Anonymous said...

The wording there is important: "all property in which the judgment debtor HAS AN INTEREST ..." [emphasis added]. That means you can't just omit listing a property because you're not technically the owner, if you get an income from it like regular dividends or if it's a profit share.

I remember you claiming that Patrick signed over his farmland to a close relative, but if he still gets regular income from that property (something you'll be able to confirm pretty easily from his bank records), then he's required by law to disclose it. If he doesn't, and the legal owner KNOWS he's concealing his interest in the property and says nothing, it's possible they're BOTH in trouble. Sheriffs and courts really have no patience with anyone trying to play word games with them.

Dr.Dawg said...

Man, that will is gonna be tied up in probate for years if the Ross family keeps playing silly-buggers.

CC said...

Dawg: It has been made abundantly clear that the family Ross are determined to play games to protect Patrick so, yes, this is not going to end any time soon. Thankfully, very soon now, I can hand off all of this work to the Saskatchewan sheriffs, who typically don't have much of a sense of humour, and have very little patience with people who want to be silly buggers.

MgS said...

Hmmm ... we have fairly good reason to believe that Patrick is currently working / residing in Grande Prairie - a good solid days' drive from Lloydminster. What happens if he tries to pull a fast one and suddenly "move" his legal residence to GP? It does make it a little hard for Saskatchewan officials to serve him with notice papers, since they have no jurisdiction in Alberta. (Unless some nifty agreement has been signed between Kenney and Moe that none of us know about)

CC said...

My judgment has been registered in Alberta since 2012 ... Patrick "moving" to Alberta would do nothing but make my job easier.