Can an execution creditor take more than the interest of the judgment debtor?
British Columbia, Canada
The following excerpt is from Chichak v. Chichak, 2021 BCCA 286 (CanLII):
The proposition that a judgment creditor cannot take more than the interest of the judgment debtor is securely embedded in the law of enforcement of judgments, stated in Jellett v. Wilkie (1896), 1896 CanLII 49 (SCC), 26 S.C.R. 282 at 288–89: No proposition of law can be more amply supported by authority than that which the respondents invoke as the basis of the judgment under appeal, namely, that an execution creditor can only sell the property of his debtor subject to all such charges, liens and equities as the same was subject to in the hands of his debtor.
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