Canadian Lawyer

w w w . C a n a D I a n L a w y e r m a g . c o m J a n u a r y 2 0 1 5 7 n ova Scotia's law governing civil enforcement needs to be brought into the 21st century, says a recent report from the province's law reform commission, which found the present system is clumsy and outdated. In its stead, streamlined and centralized legislation is required, says the 135–page "Enforcement of Civil Judgments." "Nova Scotia's current judgment enforcement system is spread across a number of pieces of legislation, the common law, and the Nova Scotia Civil Procedure Rules," it says. "It lacks a robust, modern set of powers to seize different types of property, and its exemptions are significantly out of date." The report's recommendations offer appropriate protection to both debtors and creditors, notes Rollie Thompson, a professor at the Schulich School of Law in Halifax and a member of the law commis- sion's civil judgments advisory committee. The proposal provides a number of avenues by which creditors could obtain information about the debtor's property and income, including a written question- naire and an oral discovery. As well, all the debtor's property, other than that specifical- ly exempted, would be available for seizure. The principal residence of reasonable value, property necessary for earning a livelihood, and damages arising from a personal injury would be among the exemptions. The report also recommends detailed provisions for exempting a portion of the debtor's income. A minimum floor would be set below which no income could be seized. This threshold increases depending on the number of the debtor's dependents, and it would rise automatically with infla- tion. In 2014, the threshold would be $1,570 net income per month. "The amounts we're talking about for the income exemption are low enough that it won't impede recovery," says the Law Reform Commission of Nova Scotia's executive director Angus Gibbon. "One of the goals was to attain a balance." The law commission recommends the new law be based on the Uniform Civil Enforcement of Money Judgments Act, which is intended to provide a simplified, more effective process for enforcing judgments. Thompson is not convinced. The culprit in Nova Scotia, he says, is provincial policy that restricts what sheriffs can do to enforce civil judg- ments and a lack of resources to carry out enforcement. Thompson also disagrees with the recommendation to delegate some sheriff 's functions to civil constables. "If we are not prepared to commit public resourc- es to civil enforcement, then we have to accept that there will be less enforcement of civil judgments, with the impact that might have on confidence in the legal system," he says. "The answer is not to hand over pub- lic enforcement powers to private agents for judgment creditors." — donalee moulTon donalee@quantumcommunications.ca \ at L a n t I C \ C E n t r a L \ w E s t at L a n t I C L awyers in Nova Scotia have an opportunity to help prothonotaries and self-represented litigants. It may be an opportunity they decline. "The real message from the lawyers is that the courts themselves need to be doing something to help self-represented clients. It shouldn't fall to the lawyers," says Heather de Berdt Romilly, executive director of the Legal Information Society of Nova Scotia in Halifax. Last year, de Berdt Romilly held information sessions at all 10 provincial regional justice centres to discuss LISNS's pro bono program, Access Legal Help NS. She was subsequently approached by the prothonotaries to help them help SRLs. "Under the civil procedures rule they have a responsibility to help self-represented clients, but they have not been provided with additional resources to meet increasing demand," notes de Berdt Romilly. "The issue is so significant, it is interrupting the procedures within the court. It creates more time jams." To help unclog the courts and give prothonotaries a helping hand with self-represented litigants, the idea developed to create a roster of lawyers outside the Halifax Regional Municipality who could lend SRLs a help- ing hand with the court process and necessary forms, but not substantive assistance nor family law issues. The one-year pilot program received the seal of approval from the Department of Justice in six weeks and de Berdt Romilly found herself speaking to lawyers about the roster. "It's a very tough sell, particularly in the regional areas with very small firms," she says. "They already do a lot of pro bono work." LISNS is rethinking the roster program in the wake of this initial feedback from lawyers. The organization is currently investigating development of a public navigator program under Access Legal Help NS that would be complemented by a public awareness and support program featuring a variety of tools such as videos and online information. "There is an education part that needs to be continually messaged. We have to keep peck- ing away at this," says de Berdt Romilly. She's hopeful that if materials can be developed lawyers may be more interested in volunteering to help. "We'd like to put a challenge out to each of the lawyers to volunteer at least once." — dm rEgIonaL wrap-up onus on courTs To help srls The Law Reform Commission of Nova Scotia's final report 'Enforcement of Civil Judgments' is available at www.lawreform. ns.ca/Downloads/Enforcement_of_Civil_ Judgments-Final_Report.pdf Proposed civil enforcement law not quite enough The report also recommends detailed which is intended to provide a simplified, more effective process for enforcing judgments. Thompson is not convinced. The culprit in Nova Scotia, he says, is provincial policy that restricts what sheriffs can do to enforce civil judg- ments and a lack of resources to carry out enforcement. sheriff 's functions to civil constables. "If we are not prepared to commit public resourc- enforcement law not quite enough

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