Judgment Enforcement and Access to Justice

The cost of prosecuting a case in our civil courts is so high that complex cases are often abandoned. Even simple matters are abandoned because the costs associated with collecting the judgment can eclipse the cost of obtaining the judgment in the first place.

Our complex and expensive court system is often used as a shield by miscreants to protect them from any effort made to recover losses. This must stop.  

Because our legal system has failed us people with a casual approach to dealing with others are free to plunder again and again without any real consequences.  Traditionally there are few repercussions from ignoring a judgment. If someone lies to keep from having to pay there is little to be done about it unless the creditors can prove he/she is intentionally lying. The cost of proving this is high and falls to the creditor and the consequences of getting caught are small.  While this unfortunate situation is finally being recognised there is sadly very little being done about it.

It would be very helpful if there was a central registry where we could list all miscreants together with a description of their crimes. Unfortunately such a registry will be abused so even if the posting was correct the poster could be left open to a lawsuit for defamation wherein he would have to go to great expense to defend himself and would, for financial reasons alone, be forced to remove his posting.

On this site only the fact that there is a judgment outstanding against the identified debtor is published. No judge will tolerate a lawsuit against anyone for making the simple statement; “I have an outstanding judgment against X”, when the proof of that statement is part of the public (court) record.  This, together with the fact that PublicExecutions.ca keeps the name of the poster confidential and will only reveal his identity to someone who swears an affidavit that the posting is false, is your protection. Swearing a false affidavit is a criminal offence punishable by two years in jail. This means those who publish unenforced judgments here have nothing to fear and much to gain.     

Judgment creditors have nothing left to prove. Judgment debtors need to demonstrate that they are prepared to live up to their obligations. A just society should not require that you go to the time and expense to prove your case and then continue to put you to endless expense upon the faint hope you can recover your damages. The costs of lawyers attending at judgment debtor examinations and bringing motions to compel the cooperation of the recalcitrant debtor can be a debtor’s best defence. Until our governments are prepared to give creditors the tools they need to enforce judgments in this country, PublicExecutions.ca is here and we will do what we can to bring real justice to judgment creditors whom the system has failed. 

Dougall Grange 

Public Executions, Inc