Does an equitable execution create a charge on the property?
Alberta, Canada
The following excerpt is from Pundit v. Ruhman, 1987 CanLII 3306 (AB QB):
However, it would appear that an equitable execution does not create a charge. The leading case for this proposition appears to be Stevens v. Hutchinson, [1953] Ch. 299 at 305, [1953] 2 W.L.R. 545, [1953] 1 A11 E.R. 699: The effect, then, of the appointment of a receiver is that it does not create a charge on the property, but that it operates as an injunction against the judgment debtor receiving the income; and it may, although that appears to be a matter of some doubt, also give the right to the judgment creditor to obtain an injunction against third parties receiving that income.
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