These bureaucratic changes create havoc for creditors seeking payment for outstanding debts. Lines of communication are constantly discontinued, personnel are replaced, and disquieting silences are created which only add to the anxiety of creditors. From a juridical point of view, Canada is imbued with two great legal traditions. The common law and English admiralty recourses constitute the law of the land. However, added to this tradition, the civil code and the Code of Civil Procedure of the Province of Quebec supplement the common law recourses.
Bureaucratic changes create havoc for creditors seeking payment for outstanding debts.
Thus, in Canada, there are four extraordinary recourses which may be invoked by creditors to protect claims against defaulting debtors who do not have permanent assets in the jurisdiction prior to judgment. The first is the action in rem , or the arrest proceeding directed against the debtor ship. The second recourse is the sistership arrest, introduced in Canada in 1992. The third recourse is the Mareva injunction, which requires the creditor to provide an undertaking for damages. This latter recourse is derived from the civil law and the Quebec Code of Civil Procedure.