Part 3 — Prejudgment Relief
17 Attachment order
where
(a) the claimant has commen ced or is about to commence
proceedings in Alberta to establish the claimant's claim, or
(b) the claimant has commenced proceedings before a foreign
tribunal to establish a claim if
(i) a judgment or award of the foreign tribunal could be
enforced in Alberta by action or by proceedings under an
enactment dealing with the reciprocal enforcement of
judgments or awards, and
(ii) the defendant appears to have exigible property in
Alberta.
(2) On hearing an application for an attachment order, the Court
may, subject to subsection (4), grant the order if the Court is
satisfied that
(a) there is a reasonable like lihood that the claimant's claim
against the defendant will be established, and
RSA 2000
(b) there are reasonable grounds for believing that the defendant
is dealing with the defendant's exigible property, or is likely
to deal with that property,
(i) otherwise than for th e purpose of meeting the
defendant's reasonable and ordinary business or living
expenses, and
(ii) in a manner that would be likely to seriously hinder the
claimant in the enforcement of a judgment against the
defendant.
(3) In granting an attachment order, the Court may do one or more
of the following:
(a) direct that the order applies
(i) to all or specific exigible property of the defendant, or
(ii) to any exigible property to be subsequently identified in
writing by a bailiff;
(b) prohibit any dealing with exigible property of the defendant;
(c) impose conditions or restrictions on any dealings with
exigible property of the defendant;
(d) require the defendant or a person who has possession or
control of exigible property of the defendant to deliver up
the property to a person identified in the order;
(e) authorize the clerk to i ssue a garnishee summons;
(f) appoint a receiver;
(g) include in the order an y term, condition or ancillary
provision that the Court considers necessary or desirable.
(4) The Court shall not grant an attachment order unless the
claimant undertakes to pay any damages or indemnity that the
Court may subsequently decide should be paid to the defendant or a
third person and where the Court grants an attachment order, the
Court may require the claimant
(a) to give any additional undertaking that the Court considers
appropriate, and
(b) to provide security in respect of any undertaking.
RSA 2000
(5) When an attachment order is granted, it should be granted in
such a manner that it causes as little inconvenience to the defendant
as is consistent with achieving the purposes for which the order is
granted.
(6) An attachment order shall not attach property that exceeds an
amount or a value that appears to the Court to be necessary to meet
the claimant's claim, including interest and costs, and any related
writs, unless the Court is of the view that such a limitation would
make the operation of the order unworkable or ineffective.
(7) For the purposes of an order made under subsection (3), the
following applies:
(a) if the clerk is authorized to issue a garnishee summons, Part
8, with any necessary modification, applies to that
garnishment;
(b) if a receiver is appointed , Part 9, with any necessary
modification, applies in respect of that receivership;
(c) if the order is to apply to exigible property to be
subsequently identified in writing by a bailiff, the writing
shall be considered to be included as a part of the order.
(8) Any interested person may apply to the Court to vary or
terminate an attachment order.
1994 cC-10.5 s17