Part 11 — Distributions
99 Eligible claims
(a) the amounts outstanding on all related writs that are in force
against the enforcement debtor, and
(b) the costs that the Court has directed to be paid out of the
fund pursuant to section 103(2), if not otherwise included in
an eligible claim.
(2) Subject to section 103(2), eligible claims against a distributable
fund shall be identified and the amount of each claim fixed as of
the date that the fund is constituted.
(3) Where the total amount of the eligible claims exceeds the
amount of a distributable fund, the distributing authority must
apply the distributable fund toward the claims in the following
order of priority:
(a) repealed 2002 c17 s1(20);
(b) first, to other fees and exp enses of a distributing authority
that may be claimed against the enforcement debtor that
were earned or incurred in connection with the enforcement
measures that have produced the fund;
(c) second, to other costs that may be claimed against the
enforcement debtor that were incurred by the instructing
creditor in connection with the enforcement measures that
have produced the fund and any other costs that the Court
has directed to be paid out of the fund;
(d) third, to claims referred to in section 103(1);
(e) fourth, to eligible claims that by virtue of any other
enactment or law in force in Alberta are entitled to priority
over the eligible claims of enforcement creditors generally;
(f) fifth, to the balance of the instructing creditor's claim up to
an amount not exceeding
(i) $2000, plus
(ii) after the payments referred to in clauses (a) to (e) are
made, 15% of the amount by which the balance of the
fund remaining exceeds $15 000;
(g) sixth, to all other eligible claims, including any unpaid
balance of the instructing creditor's claim, on a prorated
basis.
RSA 2000
(4) Where a garnishee summons or other enforcement proceedings
result in the distributing authority receiving distributable funds at
different times, the total amount payable to the instructing creditor
under subsection (3)(f) is limited to the amount that would have
been payable under subsection (3)(f) if the several funds had been a
single distributable fund.
RSA 2000 cC-15 s99;2002 c17 s1(20)