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In This Volume

  • 47 In this Part:
  • “charge” includes an encumbrance on land;
  • “defendant” includes a defendant or respondent in a proceeding;
  • “execution” includes an order for sale of land under this Part;
  • “execution creditor” includes a person in whose name or on whose behalf a writ of execution is issued on a judgment, or in whose favour an order for sale of land has been made under this Part;
  • “execution debtor” includes a person against whom or against whose property, other than land, a writ of execution is issued on any judgment, or against whose land an order for sale has been made under this Part;
  • “judgment” includes a judgment, order and decree in an action and a claim established under the Creditor Assistance Act;
  • “judgment creditor” means a person, whether plaintiff or defendant, who has recovered judgment against another person, and also a person entitled to enforce a judgment;
  • “judgment debtor” means a person, whether plaintiff or defendant, against whom a judgment has been recovered;
  • “plaintiff” includes a plaintiff, an appellant and applicant in a proceeding;
  • “plaintiff”, “defendant”, “execution creditor”, “execution debtor”, “purchaser”, “mortgagee” and “mortgagor” include not only those persons, but also their real and personal representatives and their assigns, and their respective representatives and their assigns;
  • “proceeding” means an action, suit, cause, matter, appeal, petition proceeding or requisition proceeding;
  • “purchaser” includes a purchaser at a sale of land by the sheriff, and other subsequent owners of the land purchased;
  • “writ of execution” includes a writ of seizure and sale, sequestration and attachment, and any subsequent writ that may issue for giving effect to it, a warrant, order for seizure and sale or other process of execution sued out of the Supreme Court or Provincial Court having jurisdiction to grant and issue warrants or process of execution.

1979-75-42; 1989-38-26, effective February 23, 1991 (B.C. Reg. 477/90); 1989-40-55, effective July 1, 1990, 2010-6-37, effective July 1, 2010.


Interpretation of Words and Phrases

See the discussion on the “Interpretation of Words and Phrases” at the “Introduction” located in the front matter of this Manual.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 3, paras. 933 (“judgment creditor”), 934 (“judgment debtor”), and 939 (“writ of execution”).


“Execution Creditor”

See the annotation for Hallmark Homes Ltd. v. Crown Trust Co., 1983 CanLII 616 (BC SC), under “Case Law” at “Overview of the Court Order Enforcement Act” in this chapter.