Seizure of Personal Property

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R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, Rule 49[1]

ENFORCEMENT OF ORDER FOR RECOVERY OF PERSONAL PROPERTY

60.04 (1) An order for the recovery of possession of personal property other than money may be enforced by a writ of delivery (Form 60D), which may be obtained on filing with the registrar where the proceeding was commenced a requisition together with a copy of the order as entered. R.R.O. 1990, Reg. 194, r. 60.04 (1); O. Reg. 396/91, s. 11.

(2) Where the property is not delivered up under a writ of delivery, the order may be enforced by a writ of sequestration (Form 60B) under rule 60.09. R.R.O. 1990, Reg. 194, r. 60.04 (2).

60.19 (1) A party who is entitled to enforce an order is entitled to the costs of the following steps on a partial indemnity scale, unless the court on motion orders otherwise:

1. An examination in aid of execution.
2. The issuing, service, filing, enforcement and renewal of a writ of execution and notice of garnishment.
3. Any other procedure authorized by these rules for enforcing the order. O. Reg. 206/02, s. 12 (1).
(1.1) For greater certainty, subrule (1) includes costs associated with the electronic filing or issuance under these rules of a writ of seizure and sale or any documents relating to the issuance or enforcement of a writ of seizure and sale. O. Reg. 43/14, s. 18.
(2) A party entitled to costs under subrule (1) may include in or collect under a writ of execution or notice of garnishment,
(a) $50 for the preparation of documents in connection with issuing, renewing and filing with the sheriff the writ of execution or notice of garnishment;
(b) disbursements paid to a sheriff, registrar, official examiner, authorized court transcriptionist or other public officer and to which the party is entitled under subrule (1), on filing with the sheriff or registrar a copy of a receipt for each disbursement;
(c) an amount determined in accordance with Tariff A for conducting an examination in aid of execution, on filing with the sheriff or registrar an affidavit stating that the examination was conducted; and
(d) any other costs to which the party is entitled under subrule (1), on filing with the sheriff or registrar a certificate of assessment of the costs. R.R.O. 1990, Reg. 194, r. 60.19 (2); O. Reg. 206/02, s. 12 (2, 3); O. Reg. 168/05, s. 2 (1); O. Reg. 260/05, s. 13; O. Reg. 170/14, s. 19.
(3) A sheriff or registrar may fix costs under clause (2) (c),
(a) if all the parties consent; or
(b) if the lawyer’s fee does not exceed $2,000, exclusive of harmonized sales tax (HST). O. Reg. 168/05, s. 2 (2); O. Reg. 55/12, s. 7.
(4) Under clause (3) (b), the sheriff or registrar shall fix costs of $750 plus disbursements. O. Reg. 168/05, s. 2 (2).
(5) When costs are to be fixed by the sheriff or registrar under subrule (3), the party who is entitled to costs shall file a bill of costs with the sheriff or registrar. O. Reg. 168/05, s. 2 (2).

[1]

References

  1. 1.0 1.1 R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, retrieved on 2020-09-01