In this appeal, the Court considered whether a creditor’s unsuccessful seizure attempt still interrupts the 10-year extinctive prescription period for rights resulting from a judgment under Quebec civil law.
The Court held that filing and serving a notice of execution under the Code of Civil Procedure forms part of the judicial application for seizure and is sufficient to interrupt prescription under art. 2892 C.C.Q. even if no property is ultimately seized.
Because the seizure proceedings were suspended by a bailiff rather than dismissed by a court, art. 2894 C.C.Q. did not retroactively cancel the interruption.
The debtor’s prescription defence therefore failed.
