Can a judgment against a defendant be executed on January 18, 1996, but no steps have been taken to execute the judgments for 10 years?

In Young v. Verigin, 2007 BCCA 551 Newbury J.A., with whom the other judges agreed, considered a circumstance where judgments had been obtained against the defendant on January 18, 1996, but no steps were taken to execute on the judgments and nothing was paid by the defendant for 10 years. On January 16, 2006, to avoid the expiration of the 10 year limitation period to realize on the judgment a new action was commenced seeking judgment for the principal sum owed by the judgment debtor along with interest and costs.

Newbury J.A. held there was no impropriety in commencing the second action and referred, inter alia, to Young v. Younge, supra. She described the first argument on the appeal which was to the effect that the court should countenance the commencement of a new action to avoid the effect of the Limitation Act only when the plaintiff was able to demonstrate “good faith but unsuccessful efforts to collect on the earlier judgment”. Newbury J.A. did not agree and wrote at paras. 15, 16 and 17: