Law360 Canada ( October 10, 2025, 11:52 AM EDT) -- Appeal by appellant from a judgment of the Quebec Court of Appeal affirming a decision that an unsuccessful attempt to seize a debtor’s property by notice of execution interrupted prescription. The appellant was a band council within the meaning of the Indian Act. The appellant retained the professional services of the respondents for a legal matter but was unable to pay for their services. As a result, the respondents obtained default judgments against the appellant. Before the expiry of the 10‑year prescription period, they sought to execute the judgments by seizing property belonging to the appellant. A notice of execution was served on the appellant. However, the bailiff never proceeded to seize any assets as he believed that the appellant’s property was exempt from seizure. The bailiff did not prepare minutes of seizure, including minutes nulla bona, because there was nothing to seize. The appellant filed an application for a declaratory judgment seeking a declaration that the rights claimed by the respondents under the default judgments were prescribed. The trial judge found that the notice of execution served on the appellant interrupted the prescription and dismissed the application. The Court of Appeal agreed. The appellant argued that the respondents’ attempt to seize its exempt property was nullity, therefore prescription was never interrupted, and the 10-year prescription period had expired. The respondents argued that the filing and service of the notice interrupted prescription even though the bailiff did not complete the seizure....