Is execution before judgment permitted?
New Brunswick, Canada
The following excerpt is from Margaret Kent et al v. Maple Minerals Corporation et al, 2014 NBQB 247 (CanLII):
In Aetna Financial Services v. Feigelman, [1985] 1 SCR 2, 1985 CanLII 55 (SCC) Estey, J. said at pp. 12-3: The general rule in Lister has had wide application in the law…. However, the abhorrence which the common law has felt toward allowing execution before judgment has always been subject to some obvious exceptions: 1. For the preservation of assets, the very subject matter in dispute, where to allow the adversarial process to proceed unguided would see their destruction before the resolution of the dispute: …
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