The Supreme Court of Canada in Royal Bank of Canada v Trang, ("Trang") has streamlined the collection process for judgment creditors attempting to execute against a judgment debtor's mortgaged real property. Traditionally, a judgment creditor has needed either the debtor's consent or a court order to obtain a mortgage discharge statement (which is needed before the sheriff will conduct a sale of the property). This was exactly the situation in Trang. Royal Bank of Canada, a judgment creditor of the Trang, filed a writ of seizure and sale against the Trangs' real property. However, the sheriff declined to sell the property before obtaining a mortgage discharge statement from the mortgagee, which refused to provide the mortgage discharge statement without the Trangs' consent. The Supreme Court held that the debtor's implied consent is given once the judgment creditor files a writ of seizure and sale with the sheriff.
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