Debtors Act · s 21

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s 21

(1)

If at any subsequent stage of an action in which an order for arrest or attachment of property has been made under this Act, it appears to the court that such arrest or attachment was applied for on insufficient grounds, or if the plaintiff’s claim is dismissed and it appears to the court that there were no sufficient grounds for instituting the action, the court may, on the application of the defendant, award against the plaintiff such amount, not exceeding $5,000, as it thinks reasonable to compensate the defendant for any injury or inconvenience caused to him by the arrest or attachment.

(2)

An award under this section shall bar any action for damages, but nothing in this section shall preclude the defendant from maintaining an action for damages instead of applying for an award under subsection (1).