Can a garnishee be issued before judgment?
Alberta, Canada
The following excerpt is from Westmills Canada Inc. v. Harvey & Pulton WHSE. Carpet Sales Ltd., 1989 ABCA 58 (CanLII):
Rule 470(1) permitting garnishee before judgment is a limited exception to the general rule in Lister v. Stubbs. The discretion given to the court by the Rule is restricted to cases where the plaintiff has established "a reasonable possibility that the plaintiff will be unable to collect all or part of his claim or be subjected to unreasonable delay in the collection thereof unless permitted to issue a garnishee summons".
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