Laing Parent LLP

Commercial Enforcement

September 21, 2013 | Comments Off on Commercial Enforcement

Our offices are specially adept at commercial enforcement.  In addition to his law practice, one of our partners, G. Dewar Laing, acted as a Bailiff duly appointed by the Province of Ontario from 2003 through 2015.  As such, our office has significant experience in collections under the Personal Property Security Act, the Commercial Tenancies Act and the Repair and Storage Liens Act.

Each one of these pieces of legislation create security for creditors that is intended to avoid the cost and delay of going to court in order to get a Judgment in order to get paid.  We are especially experienced in seizing secured assets and selling them off to cover debts that are otherwise not getting paid.  These are extraordinary remedies that are immediate but only available if exercised properly.  We have years of experience in getting our clients paid immediately and effectively.  We step into the shoes of the secured creditor and get them paid.

Secured creditors are granted extraordinary powers that harken back to an earlier day when self-help remedies were encouraged.  There are many occasions when a creditor can act immediately to protect their rights, so long as they do so in accordance with the applicable legislation.  There is no need to wait through the delay and expense of a trial in order to take action.  This is what we do.

Some of the rules seem archaic and counter-intuitive to today’s standards, but they are very effective in enforcing the rights of a secured creditor.  For example, even the police are sometimes taken aback when we call to let them know that we are about to break into a building to recover our client’s goods.  We have to explain that not only do we have the right to do it, but a police officer has to accompany us as we break and enter because the legislation requires them to do so.

The role of the pieces of legislation that give rise to these securities, discharged properly, is fundamental to business and commercial law.  If banks, lenders and other creditors were unable to enforce their securities, business would grind to a halt.  But you need a professional who knows how to properly act on these seizures and sales.

The availability of statutory securities is to intended to avoid the delay, cost and inconvenience of going to court. There are a number of pieces of legislation that specifically entitle creditors to seize goods in the event of non-payment in satisfaction of a debt. These are “self-help” remedies.

However, you must have a thorough understanding of what these self-help remedies are and how they work.  The police tend to take a dim view of “self-help” remedies when it involves taking someone else’s property away from them. Police often are called to intervene in “self-help” matters, either by the creditor or the party that is the subject of the seizure. Without a professional to take charge and responsibility for the matter, the police will usually treat the matter as “civil” rather than “criminal” and step away, telling both sides to go get a judgement from the civil courts to figure it out.  We make sure that this does not happen.  We make sure that your legal rights to recovery of property that has been improperly denied you or has been pledged as security for a debt is properly seized and sold in compliance with the law to avoid the need and expense of court action.