Enforcing Judgments Against Sex Offenders

March 8, 2024

By: Aaron Lealess

Beckett Personal Injury Office's Scales of Justice's article image

Media stories often cover high-profile sexual assault cases involving perpetrators such as priests, teachers, or hockey coaches. These are the cases that get most of the headlines and attention. In many of those cases, there is an institution, with insurance, to compensate the victim for the damage caused by the assault. In many other cases, however, the assault is perpetrated by an individual with no insurance and no connection to a big institution. In such cases, there can still be a viable compensation claim, so long as the perpetrator has assets.

The first step on the road to compensation is for the victim to file a civil lawsuit against the perpetrator. The victim can then obtain a judgment against the perpetrator. The perpetrator then becomes a judgment debtor and the victim a judgment creditor. What happens if the perpetrator (debtor) doesn’t pay up?

As a general rule, all personal property owned by the judgment debtor may be seized including land, shares, dividends, money, book debts, patents, equitable rights, the debtor’s interest as a mortgagee or joint tenant, and matrimonial property.

If the debtor attempts to transfer assets to avoid paying the debt, the transfers may be set aside by the courts through the Fraudulent Conveyances Act (FCA).

In the 1999 case of Beltsos v Tarala, a conveyance of a home from a debtor to his wife was set aside as a fraudulent conveyance. The court found that the intent to protect the house from potential creditors and the effect of defeating, delaying or hindering an existing creditor, was sufficient to set aside the transaction.

The Execution Act sets out the rules of seizure and sale of personal property. Section 9(1) of the act states:

“The sheriff to whom a writ of execution against lands is delivered for execution may seize and sell thereunder the lands of the execution debtor, including any lands whereof any other person is seized or possessed in trust for the execution debtor and including any interest of the execution debtor in lands held in joint tenancy.”

The federal Bankruptcy and Insolvency Act (BIA) can also come to the aid of victims when seeking to enforce judgments. Unlike most other debts, bankruptcy cannot wipe out the perpetrator’s debt if it arises from a civil sexual assault judgment. Section 178(1)(a) of BIA states that an order of discharge does not release the bankrupt from any award of damages by a court in civil proceedings in respect of “bodily harm intentionally inflicted, or sexual assault”.

Overall, there are many legal tools available to assist victims of sexual assault with holding their perpetrators accountable through a civil lawsuit. For more information feel free to reach out to a lawyer at Beckett Injury Lawyers who specializes in representing victims of sexual assault

‘Done keeping it a secret’: Young woman speaks out about stepdad's sex abuse

October 7, 2024

‘Done keeping it a secret’: Young woman speaks out about stepdad's sex abuse

For more than a decade, Hope Jordan felt like she had duct tape covering her mouth. Amid fears of ripping her family apart and pressure from her mother to keep quiet, Jordan felt she couldn’t talk about the years of sexual abuse she suffered at the hands of her stepdad, Ric Lahey, who was recently sentenced to seven years in prison.

Read More
Western University Homecoming 2024

September 27, 2024

Western University Homecoming 2024

Western Homecoming is this weekend. Welcome back all the students and staff for another incredible school year. Many of our lawyers and staff are Western alumnus and know the importance of being extra safe this weekend.

Read More
Beckett Personal Injury Office In Downtown London

September 26, 2024

Safety Tips for Halloween Night

Halloween is a spooky and fun time of year. Though not a recognized statutory holiday (a discussion for another blog), dressing up, enjoying a sugar rush, regardless of your age, never gets old. Halloween night, however, is not without its risks, in particular for those “kids” who have aged out of going door to door with parental supervision.

Read More