Rule Twenty – Enforcement of Orders
Definitions
20.01 In rules 20.02 to 20.12,
“creditor” means a person who is entitled to enforce an order for the payment or recovery of money; (“créancier”)
“debtor” means a person against whom an order for the payment or recovery of money may be enforced. (“débiteur”) O. Reg. 258/98, r. 20.01; O. Reg. 78/06, s. 40.
Power of Court
20.02 (1) The court may,
(a) stay the enforcement of an order of the court, for such time and on such terms as are just; and
(b) vary the times and proportions in which money payable under an order of the court shall be paid, if it is satisfied that the debtor’s circumstances have changed. O. Reg. 258/98, r. 20.02 (1).
Enforcement Limited While Periodic Payment Order in Force
(2) While an order for periodic payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff. O. Reg. 258/98, r. 20.02 (2).
Service of Notice of Default of Payment
(3) The creditor may serve the debtor with a notice of default of payment (Form 20L) in accordance with subrule 8.01 (14) and file a copy of it, together with an affidavit of default of payment (Form 20M), if the debtor fails to make payments under an order for periodic payment. O. Reg. 78/06, s. 41.
Termination on Default
(4) An order for periodic payment terminates on the day that is 15 days after the creditor serves the debtor with the notice of default of payment, unless a consent (Form 13B) in which the creditor waives the default is filed within the 15-day period. O. Reg. 78/06, s. 41.
General
20.03 In addition to any other method of enforcement provided by law,
(a) an order for the payment or recovery of money may be enforced by,
(i) a writ of seizure and sale of personal property (Form 20C) under rule 20.06,
(ii) a writ of seizure and sale of land (Form 20D) under rule 20.07, and
(iii) garnishment under rule 20.08; and
(b) a further order as to payment may be made under subrule 20.10 (7). O. Reg. 258/98, r. 20.03.
Certificate of Judgment
20.04 (1) If there is default under an order for the payment or recovery of money, the clerk shall, at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue a certificate of judgment (Form 20A) to the clerk at the court location specified by the creditor. O. Reg. 393/09, s. 17.
(2) The certificate of judgment shall state,
(a) the date of the order and the amount awarded;
(b) the rate of postjudgment interest payable; and
(c) the amount owing, including postjudgment interest. O. Reg. 258/98, r. 20.04 (2).
Delivery of Personal Property
20.05 (1) An order for the delivery of personal property may be enforced by a writ of delivery (Form 20B) issued by the clerk to a bailiff, on the request of the person in whose favour the order was made, supported by an affidavit of that person or someone acting on that person’s authority stating that the property has not been delivered. O. Reg. 258/98, r. 20.05 (1); O. Reg. 230/13, s. 16.
Seizure of Other Personal Property
(2) If the property referred to in a writ of delivery cannot be found or taken by the bailiff, the person in whose favour the order was made may make a motion to the court for an order directing the bailiff to seize any other personal property of the person against whom the order was made. O. Reg. 258/98, r. 20.05 (2).
(3) Unless the court orders otherwise, the bailiff shall keep personal property seized under subrule (2) until the court makes a further order for its disposition. O. Reg. 258/98, r. 20.05 (3); O. Reg. 78/06, s. 42.
Storage Costs
(4) The person in whose favour the order is made shall pay the bailiff’s storage costs, in advance and from time to time; if the person fails to do so, the seizure shall be deemed to be abandoned. O. Reg. 258/98, r. 20.05 (4).
Writ of Seizure and Sale of Personal Property
20.06 (1) If there is default under an order for the payment or recovery of money, the clerk shall, at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue to a bailiff a writ of seizure and sale of personal property (Form 20C), and the bailiff shall enforce the writ for the amount owing, postjudgment interest and the bailiff’s fees and expenses. O. Reg. 258/98, r. 20.06 (1); O. Reg. 78/06, s. 43 (1).
(1.1) If more than six years have passed since the order was made, a writ of seizure and sale of personal property may be issued only with leave of the court. O. Reg. 78/06, s. 43 (2); O. Reg. 393/09, s. 18 (1).
(1.2) If a writ of seizure and sale of personal property is not issued within one year after the date on which an order granting leave to issue it is made,
(a) the order granting leave ceases to have effect; and
(b) a writ of seizure and sale of personal property may be issued only with leave of the court on a subsequent motion. O. Reg. 393/09, s. 18 (2).
(1.3) A writ of seizure and sale of personal property shall show the creditor’s name, address and telephone number and the name, address and telephone number of the creditor’s representative, if any. O. Reg. 393/09, s. 18 (2); O. Reg. 230/13, s. 17 (1).
Duration of Writ
(2) A writ of seizure and sale of personal property remains in force for six years after the date of its issue and for a further six years after each renewal. O. Reg. 78/06, s. 43 (3).
Renewal of Writ
(3) A writ of seizure and sale of personal property may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the bailiff. O. Reg. 78/06, s. 43 (3); O. Reg. 393/09, s. 18 (3).
Direction to Enforce
(4) The creditor may request enforcement of a writ of seizure and sale of personal property by filing a direction to enforce writ of seizure and sale of personal property (Form 20O) with the bailiff. O. Reg. 393/09, s. 18 (4).
Inventory of Property Seized
(5) Within a reasonable time after a request is made by the debtor or someone acting on the debtor’s authority, the bailiff shall deliver an inventory of personal property seized under a writ of seizure and sale of personal property. O. Reg. 258/98, r. 20.06 (5); O. Reg. 230/13, s. 17 (2).
Sale of Personal Property
(6) Personal property seized under a writ of seizure and sale of personal property shall not be sold by the bailiff unless notice of the time and place of sale has been,
(a) mailed, at least 10 days before the sale,
(i) to the creditor at the address shown on the writ, or to the creditor’s representative, and
(ii) to the debtor at the debtor’s last known address; and
(b) advertised in a manner that is likely to bring it to the attention of the public. O. Reg. 78/06, s. 43 (4); O. Reg. 393/09, s. 18 (5); O. Reg. 230/13, s. 17 (3).
Writ of Seizure and Sale of Land
20.07 (1) If an order for the payment or recovery of money is unsatisfied, the clerk shall at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue to the sheriff specified by the creditor a writ of seizure and sale of land (Form 20D). O. Reg. 258/98, r. 20.07 (1); O. Reg. 78/06, s. 44 (1); O. Reg. 393/09, s. 19 (1).
(1.1) If more than six years have passed since the order was made, a writ of seizure and sale of land may be issued only with leave of the court. O. Reg. 393/09, s. 19 (2).
(1.2) If a writ of seizure and sale of land is not issued within one year after the date on which an order granting leave to issue it is made,
(a) the order granting leave ceases to have effect; and
(b) a writ of seizure and sale of land may be issued only with leave of the court on a subsequent motion. O. Reg. 393/09, s. 19 (2).
(2) A writ of seizure and sale of land issued under subrule (1) has the same force and effect and may be renewed or withdrawn in the same manner as a writ of seizure and sale issued under rule 60 of the Rules of Civil Procedure. O. Reg. 258/98, r. 20.07 (2).
Duration of Writ
(3) A writ of seizure and sale of land remains in force for six years after the date of its issue and for a further six years after each renewal. O. Reg. 78/06, s. 44 (2).
Renewal of Writ
(4) A writ of seizure and sale of land may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the sheriff. O. Reg. 393/09, s. 19 (3).
Garnishment
20.08 (1) A creditor may enforce an order for the payment or recovery of money by garnishment of debts payable to the debtor by other persons. O. Reg. 258/98, r. 20.08 (1).
Joint Debts Garnishable
(2) If a debt is payable to the debtor and to one or more co-owners, one-half of the indebtedness or a greater or lesser amount specified in an order made under subrule (15) may be garnished. O. Reg. 258/98, r. 20.08 (2).
Where Leave Required
(2.1) If more than six years have passed since the order was made, or if its enforcement is subject to a condition, a notice of garnishment may be issued only with leave of the court. O. Reg. 393/09, s. 20 (1).
(2.2) If a notice of garnishment is not issued within one year after the date on which an order granting leave to issue it is made,
(a) the order granting leave ceases to have effect; and
(b) a notice of garnishment may be issued only with leave of the court on a subsequent motion. O. Reg. 393/09, s. 20 (1).
(2.3) A notice of renewal of garnishment may be issued under subrule (5.3) without leave of the court before the original notice of garnishment or any subsequent notice of renewal of garnishment expires. O. Reg. 393/09, s. 20 (1).
Obtaining Notice of Garnishment
(3) A creditor who seeks to enforce an order by garnishment shall file with the clerk of a court in the territorial division in which the debtor resides or carries on business,
(a) an affidavit for enforcement request (Form 20P) naming one debtor and one garnishee and stating,
(i) the date of the order and the amount awarded,
(ii) the territorial division in which the order was made,
(iii) the rate of postjudgment interest payable,
(iv) the total amount of any payments received since the order was granted,
(v) the amount owing, including postjudgment interest,
(vi) the name and address of the named garnishee to whom a notice of garnishment is to be directed,
(vii) the creditor’s belief that the named garnishee is or will become indebted to the debtor, and the grounds for the belief, and
(viii) any particulars of the debts that are known to the creditor; and
(b) a certificate of judgment (Form 20A), if the order was made in another territorial division. O. Reg. 78/06, s. 45 (1); O. Reg. 393/09, s. 20 (2).
(4) On the filing of the documents required by subrule (3), the clerk shall issue a notice of garnishment (Form 20E) naming as garnishee the person named in the affidavit. O. Reg. 78/06, s. 45 (1).
(5) A notice of garnishment issued under subrule (4) shall name only one debtor and only one garnishee. O. Reg. 258/98, r. 20.08 (5).
Duration and Renewal
(5.1) A notice of garnishment remains in force for six years from the date of its issue and for a further six years from each renewal. O. Reg. 393/09, s. 20 (3).
(5.2) A notice of garnishment may be renewed before its expiration by filing with the clerk of the court in which the notice of garnishment was issued a notice of renewal of garnishment (Form 20E.1), together with an affidavit for enforcement request (Form 20P). O. Reg. 393/09, s. 20 (3).
(5.3) On the filing of the notice and affidavit required by subrule (5.2), the clerk shall issue the notice of renewal of garnishment (Form 20E.1) naming as garnishee the person named in the affidavit. O. Reg. 393/09, s. 20 (3).
(5.4) The provisions of these rules that apply with respect to notices of garnishment also apply with respect to notices of renewal of garnishment. O. Reg. 393/09, s. 20 (3).
Service of Notice of Garnishment
(6) The notice of garnishment (Form 20E) shall be served by the creditor in accordance with subrule 8.01 (8). O. Reg. 78/06, s. 45 (2).
(6.1) The creditor shall serve the notice of garnishment on the debtor within five days of serving it on the garnishee. O. Reg. 78/06, s. 45 (2).
Financial Institution
(6.2) If the garnishee is a financial institution, the notice of garnishment and all further notices required to be served under this rule shall be served at the branch at which the debt is payable. O. Reg. 78/06, s. 45 (2).
Proof of Service
(6.3) Service of the notice of garnishment may be proved by affidavit. O. Reg. 78/06, s. 45 (2).
Garnishee Liable From Time of Service
(7) The garnishee is liable to pay to the clerk any debt of the garnishee to the debtor, up to the amount shown in the notice of garnishment, within 10 days after service of the notice on the garnishee or 10 days after the debt becomes payable, whichever is later. O. Reg. 258/98, r. 20.08 (7).
(8) For the purpose of subrule (7), a debt of the garnishee to the debtor includes,
(a) a debt payable at the time the notice of garnishment is served; and
(b) a debt payable (whether absolutely or on the fulfilment of a condition) after the notice is served and within six years after it is issued. O. Reg. 258/98, r. 20.08 (8); O. Reg. 78/06, s. 45 (3); O. Reg. 393/09, s. 20 (4).
Payment by Garnishee
(9) A garnishee who admits owing a debt to the debtor shall pay it to the clerk in the manner prescribed by the notice of garnishment, and the amounts paid into court shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act. O. Reg. 78/06, s. 45 (4).
Equal Distribution Among Creditors
(10) If the clerk has issued notices of garnishment in respect of a debtor at the request of more than one creditor and receives payment under any of the notices of garnishment, he or she shall distribute the payment equally among the creditors who have filed a request for garnishment and have not been paid in full. O. Reg. 258/98, r. 20.08 (10); O. Reg. 461/01, s. 18.
Disputing Garnishment
(11) A garnishee referred to in subrule (12) shall, within 10 days after service of the notice of garnishment, file with the court a statement (Form 20F) setting out the particulars. O. Reg. 258/98, r. 20.08 (11).
(12) Subrule (11) applies to a garnishee who,
(a) wishes to dispute the garnishment for any reason; or
(b) pays to the clerk less than the amount set out in the notice of garnishment as owing by the garnishee to the debtor, because the debt is owed to the debtor and to one or more co-owners of the debt or for any other reason. O. Reg. 258/98, r. 20.08 (12); O. Reg. 78/06, s. 45 (5).
Service on Creditor and Debtor
(13) The garnishee shall serve a copy of the garnishee’s statement on the creditor and the debtor. O. Reg. 78/06, s. 45 (6).
Notice to Co-Owner of Debt
(14) A creditor who is served with a garnishee’s statement under subrule (13) shall forthwith send to any co-owners of the debt, in accordance with subrule 8.01 (14), a notice to co-owner of debt (Form 20G) and a copy of the garnishee’s statement. O. Reg. 258/98, r. 20.08 (14); O. Reg. 78/06, s. 45 (7).
Garnishment Hearing
(15) At the request of a creditor, debtor, garnishee, co-owner of the debt or any other interested person, the clerk shall fix a time and place for a garnishment hearing. O. Reg. 78/06, s. 45 (8).
Service of Notice of Garnishment Hearing
(15.1) After having obtained a hearing date from the clerk, the party requesting the garnishment hearing shall serve the notice of garnishment hearing (Form 20Q) in accordance with subrule 8.01 (9). O. Reg. 78/06, s. 45 (8).
Powers of Court at Hearing
(15.2) At the garnishment hearing, the court may,
(a) if it is alleged that the garnishee’s debt to the debtor has been assigned or encumbered, order the assignee or encumbrancer to appear and state the nature and particulars of the claim;
(b) determine the rights and liabilities of the garnishee, any co-owner of the debt, the debtor and any assignee or encumbrancer;
(c) vary or suspend periodic payments under a notice of garnishment; or
(d) determine any other matter in relation to a notice of garnishment. O. Reg. 78/06, s. 45 (8).
Time to Request Hearing
(16) A person who has been served with a notice to co-owner of debt is not entitled to dispute the enforcement of the creditor’s order for the payment or recovery of money or a payment made by the clerk unless the person requests a garnishment hearing within 30 days after the notice is sent. O. Reg. 258/98, r. 20.08 (16).
Enforcement Against Garnishee
(17) If the garnishee does not pay to the clerk the amount set out in the notice of garnishment and does not send a garnishee’s statement, the creditor is entitled to an order against the garnishee for payment of the amount set out in the notice, unless the court orders otherwise. O. Reg. 258/98, r. 20.08 (17).
Payment to Person other than Clerk
(18) If, after service of a notice of garnishment, the garnishee pays a debt attached by the notice to a person other than the clerk, the garnishee remains liable to pay the debt in accordance with notice. O. Reg. 258/98, r. 20.08 (18).
Effect of Payment to Clerk
(19) Payment of a debt by a garnishee in accordance with a notice of garnishment is a valid discharge of the debt as between the garnishee and the debtor and any co-owner of the debt, to the extent of the payment. O. Reg. 258/98, r. 20.08 (19).
Distribution of Payments
(20) When proof is filed that the notice of garnishment was served on the debtor, the clerk shall distribute a payment received under a notice of garnishment to a creditor in accordance with subrule (20.1), unless,
(a) a hearing has been requested under subrule (15);
(b) a notice of motion and supporting affidavit (Form 15A) has been filed under rule 8.10, 11.06 or 17.04; or
(c) a request for clerk’s order on consent (Form 11.2A) has been filed seeking the relief described in subparagraph 1 iii of subrule 11.2.01 (1). O. Reg. 78/06, s. 45 (9); O. Reg. 393/09, s. 20 (5).
(20.1) The clerk shall distribute the payment,
(a) in the case of the first payment under the notice of garnishment, 30 days after the date it is received; and
(b) in the case of every subsequent payment under the notice of garnishment, as they are received. O. Reg. 78/06, s. 45 (9).
Notice Once Order Satisfied
(20.2) Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk. O. Reg. 393/09, s. 20 (6).
Payment if Debt Jointly Owned
(21) If a payment of a debt owed to the debtor and one or more co-owners has been made to the clerk, no request for a garnishment hearing is made and the time for doing so under subrule (16) has expired, the creditor may file with the clerk, within 30 days after that expiry,
(a) proof of service of the notice to co-owner; and
(b) an affidavit stating that the creditor believes that no co-owner of the debt is a person under disability, and the grounds for the belief. O. Reg. 258/98, r. 20.08 (21).
(22) The affidavit required by subrule (21) may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit. O. Reg. 258/98, r. 20.08 (22).
(23) If the creditor does not file the material referred to in subrule (21), the clerk shall return the money to the garnishee. O. Reg. 258/98, r. 20.08 (23); O. Reg. 393/09, s. 20 (7).
Consolidation Order
20.09 (1) A debtor against whom there are two or more unsatisfied orders for the payment of money may make a motion to the court for a consolidation order. O. Reg. 258/98, r. 20.09 (1).
(2) The debtor’s notice of motion and supporting affidavit (Form 15A) shall set out, in the affidavit portion,
(a) the names and addresses of the creditors who have obtained an order for the payment of money against the debtor;
(b) the amount owed to each creditor;
(c) the amount of the debtor’s income from all sources, identifying them; and
(d) the debtor’s current financial obligations and any other relevant facts. O. Reg. 258/98, r. 20.09 (2); O. Reg. 393/09, s. 21 (1).
Notice of Motion
(3) For the purposes of clause 15.01 (3) (a), the notice of motion and supporting affidavit shall be served on each of the creditors mentioned in it at least seven days before the hearing date. O. Reg. 393/09, s. 21 (2).
Contents of Consolidation Order
(4) At the hearing of the motion, the court may make a consolidation order setting out,
(a) a list of unsatisfied orders for the payment of money against the debtor, indicating in each case the date, court and amount and the amount unpaid;
(b) the amounts to be paid into court by the debtor under the consolidation order; and
(c) the times of the payments. O. Reg. 258/98, r. 20.09 (4).
(5) The total of the amounts to be paid into court by the debtor under a consolidation order shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act. O. Reg. 78/06, s. 46 (1).
Creditor May Make Submissions
(6) At the hearing of the motion, a creditor may make submissions as to the amount and times of payment. O. Reg. 258/98, r. 20.09 (6).
Further Orders Obtained After Consolidation Order
(7) If an order for the payment of money is obtained against the debtor after the date of the consolidation order for a debt incurred before the date of the consolidation order, the creditor may file with the clerk a certified copy of the new order; the creditor shall be added to the consolidation order and shall share in the distribution under it from that time. O. Reg. 258/98, r. 20.09 (7).
(8) A consolidation order terminates immediately if an order for the payment of money is obtained against the debtor for a debt incurred after the date of the consolidation order. O. Reg. 258/98, r. 20.09 (8).
Enforcement Limited While Consolidation Order in Force
(9) While the consolidation order is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff. O. Reg. 258/98, r. 20.09 (9).
Termination on Default
(10) A consolidation order terminates immediately if the debtor is in default under it for 21 days. O. Reg. 258/98, r. 20.09 (10).
Effect of Termination
(11) If a consolidation order terminates under subrule (8) or (10), the clerk shall notify the creditors named in the consolidation order, and no further consolidation order shall be made in respect of the debtor for one year after the date of termination. O. Reg. 258/98, r. 20.09 (11); O. Reg. 461/01, s. 19 (1).
Manner of Sending Notice
(11.1) The notice that the consolidation order is terminated shall be served by mail or fax. O. Reg. 330/02, s. 12 (1).
(11.2), (11.3) Revoked: O. Reg. 78/06, s. 46 (2).
Equal Distribution Among Creditors
(12) All payments into a consolidation account belong to the creditors named in the consolidation order, who shall share equally in the distribution of the money. O. Reg. 258/98, r. 20.09 (12).
(13) The clerk shall distribute the money paid into the consolidation account at least once every six months. O. Reg. 258/98, r. 20.09 (13).
Examination of Debtor or Other Person
20.10 (1) If there is default under an order for the payment or recovery of money, the clerk of a court in the territorial division in which the debtor or other person to be examined resides or carries on business shall, at the creditor’s request, issue a notice of examination (Form 20H) directed to the debtor or other person. O. Reg. 258/98, r. 20.10 (1); O. Reg. 393/09, s. 22 (1).
(2) The creditor’s request shall be accompanied by,
(a) an affidavit for enforcement request (Form 20P) setting out,
(i) the date of the order and the amount awarded,
(ii) the territorial division in which the order was made,
(iii) the rate of postjudgment interest payable,
(iv) the total amount of any payments received since the order was granted, and
(v) the amount owing, including postjudgment interest; and
(b) a certificate of judgment (Form 20A), if the order was made in another territorial jurisdiction. O. Reg. 258/98, r. 20.10 (2); O. Reg. 78/06, s. 47 (1); O. Reg. 393/09, s. 22 (2).
Service of Notice of Examination
(3) The notice of examination shall be served in accordance with subrules 8.01 (10), (11) and (12). O. Reg. 78/06, s. 47 (2).
(4) The debtor, any other persons to be examined and any witnesses whose evidence the court considers necessary may be examined in relation to,
(a) the reason for nonpayment;
(b) the debtor’s income and property;
(c) the debts owed to and by the debtor;
(d) the disposal the debtor has made of any property either before or after the order was made;
(e) the debtor’s present, past and future means to satisfy the order;
(f) whether the debtor intends to obey the order or has any reason for not doing so; and
(g) any other matter pertinent to the enforcement of the order. O. Reg. 258/98, r. 20.10 (4).
Duties of Person to be Examined
(4.1) A person who is served with a notice of examination shall,
(a) inform himself or herself about the matters mentioned in subrule (4) and be prepared to answer questions about them; and
(b) in the case of an examination of a debtor who is an individual, complete a financial information form (Form 20I) and,
(i) serve it on the creditor requesting the examination, but not file it with the court, and
(ii) provide a copy of it to the judge presiding at the examination hearing. O. Reg. 78/06, s. 47 (3); O. Reg. 440/10, s. 6 (1).
(4.2) A debtor required under clause (4.1) (b) to complete a financial information form (Form 20I) shall bring such documents to the examination hearing as are necessary to support the information that he or she provides in the financial information form. O. Reg. 440/10, s. 6 (2).
Who May Be Examined
(5) An officer or director of a corporate debtor, or, in the case of a debtor that is a partnership or sole proprietorship, the sole proprietor or any partner, may be examined on the debtor’s behalf in relation to the matters set out in subrule (4). O. Reg. 258/98, r. 20.10 (5).
Attendance
(5.1) A person required to attend an examination may attend,
(a) in person; or
(b) by video conference in accordance with rule 1.07. O. Reg. 393/09, s. 22 (3).
Examinations Private, Under Oath and Recorded
(6) The examination shall be,
(a) held in the absence of the public, unless the court orders otherwise;
(b) conducted under oath; and
(c) recorded. O. Reg. 78/06, s. 47 (4).
Order As To Payment
(7) After the examination or if the debtor’s consent is filed, the court may make an order as to payment. O. Reg. 258/98, r. 20.10 (7); O. Reg. 461/01, s. 20 (1).
Enforcement Limited while Order as to Payment in Force
(8) While an order as to payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff. O. Reg. 258/98, r. 20.10 (8).
(9)-(15) Revoked: O. Reg. 78/06, s. 47 (5).
Contempt Hearing
20.11 (1) If a person on whom a notice of examination has been served under rule 20.10 attends the examination but refuses to answer questions or to produce records or documents, the court may order the person to attend before it for a contempt hearing. O. Reg. 440/10, s. 7 (1).
Same
(2) If a person on whom a notice of examination has been served under rule 20.10 fails to attend the examination, the court may order the person to attend before it for a contempt hearing under subsection 30 (1) of the Courts of Justice Act. O. Reg. 440/10, s. 7 (1).
Notice of Contempt Hearing
(3) If the court makes an order for a contempt hearing,
(a) the clerk shall provide the creditor with a notice of contempt hearing setting out the time, date and place of the hearing; and
(b) the creditor shall serve the notice of contempt hearing on the debtor or other person in accordance with subrule 8.01 (13) and file the affidavit of service at least seven days before the hearing. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (2).
Setting Aside Order for Contempt Hearing
(4) A person who has been ordered to attend a contempt hearing under subsection 30 (1) of the Courts of Justice Act may make a motion to set aside the order, before or after receiving the notice of contempt hearing but before the date of the hearing and, on the motion, the court may set aside the order and order that the person attend another examination under rule 20.10. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (3).
Finding of Contempt of Court
(5) At a contempt hearing held under subrule (1), the court may find the person to be in contempt of court if the person fails to show cause why the person should not be held in contempt for refusing to answer questions or produce records or documents. O. Reg. 78/06, s. 48.
Same
(6) The finding of contempt at a hearing held under subsection 30 (1) of the Courts of Justice Act is subject to subsection 30 (2) of that Act. O. Reg. 440/10, s. 7 (4).
Other Powers of Court at Contempt Hearing
(7) At a contempt hearing, the court may order that the person,
(a) attend an examination under rule 20.10;
(b) be jailed for a period of not more than five days;
(c) attend an additional contempt hearing under subrule (1) or subsection 30 (1) of the Courts of Justice Act, as the case may be; or
(d) comply with any other order that the judge considers necessary or just. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (5-7).
Warrant of Committal
(8) If a committal is ordered under clause (7) (b),
(a) the creditor may complete and file with the clerk an identification form (Form 20K) to assist the police in apprehending the person named in the warrant of committal; and
(b) the clerk shall issue a warrant of committal (Form 20J), accompanied by the identification form, if any, directed to all police officers in Ontario to apprehend the person named in the warrant anywhere in Ontario and promptly bring the person to the nearest correctional institution. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (8).
Discharge
(9) A person in custody under a warrant issued under this rule shall be discharged from custody on the order of the court or when the time prescribed in the warrant expires, whichever is earlier. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (9).
Duration and Renewal
(10) A warrant issued under this rule remains in force for 12 months after the date of issue and may be renewed by order of the court on a motion made by the creditor for 12 months at each renewal, unless the court orders otherwise. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (10).
(11) Revoked: O. Reg. 440/10, s. 7 (11).
Satisfaction of Order
20.12 If payment is made in full satisfaction of an order,
(a) where all parties consent, a party may file a request for clerk’s order on consent (Form 11.2A) indicating that payment has been made in full satisfaction of the order or terms of settlement; or
(b) the debtor may make a motion for an order confirming that payment has been made in full satisfaction of the order or terms of settlement. O. Reg. 78/06, s. 48; O. Reg. 393/09, s. 23.
Definitions
20.01 In rules 20.02 to 20.12,
“creditor” means a person who is entitled to enforce an order for the payment or recovery of money; (“créancier”)
“debtor” means a person against whom an order for the payment or recovery of money may be enforced. (“débiteur”) O. Reg. 258/98, r. 20.01; O. Reg. 78/06, s. 40.
Power of Court
20.02 (1) The court may,
(a) stay the enforcement of an order of the court, for such time and on such terms as are just; and
(b) vary the times and proportions in which money payable under an order of the court shall be paid, if it is satisfied that the debtor’s circumstances have changed. O. Reg. 258/98, r. 20.02 (1).
Enforcement Limited While Periodic Payment Order in Force
(2) While an order for periodic payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff. O. Reg. 258/98, r. 20.02 (2).
Service of Notice of Default of Payment
(3) The creditor may serve the debtor with a notice of default of payment (Form 20L) in accordance with subrule 8.01 (14) and file a copy of it, together with an affidavit of default of payment (Form 20M), if the debtor fails to make payments under an order for periodic payment. O. Reg. 78/06, s. 41.
Termination on Default
(4) An order for periodic payment terminates on the day that is 15 days after the creditor serves the debtor with the notice of default of payment, unless a consent (Form 13B) in which the creditor waives the default is filed within the 15-day period. O. Reg. 78/06, s. 41.
General
20.03 In addition to any other method of enforcement provided by law,
(a) an order for the payment or recovery of money may be enforced by,
(i) a writ of seizure and sale of personal property (Form 20C) under rule 20.06,
(ii) a writ of seizure and sale of land (Form 20D) under rule 20.07, and
(iii) garnishment under rule 20.08; and
(b) a further order as to payment may be made under subrule 20.10 (7). O. Reg. 258/98, r. 20.03.
Certificate of Judgment
20.04 (1) If there is default under an order for the payment or recovery of money, the clerk shall, at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue a certificate of judgment (Form 20A) to the clerk at the court location specified by the creditor. O. Reg. 393/09, s. 17.
(2) The certificate of judgment shall state,
(a) the date of the order and the amount awarded;
(b) the rate of postjudgment interest payable; and
(c) the amount owing, including postjudgment interest. O. Reg. 258/98, r. 20.04 (2).
Delivery of Personal Property
20.05 (1) An order for the delivery of personal property may be enforced by a writ of delivery (Form 20B) issued by the clerk to a bailiff, on the request of the person in whose favour the order was made, supported by an affidavit of that person or someone acting on that person’s authority stating that the property has not been delivered. O. Reg. 258/98, r. 20.05 (1); O. Reg. 230/13, s. 16.
Seizure of Other Personal Property
(2) If the property referred to in a writ of delivery cannot be found or taken by the bailiff, the person in whose favour the order was made may make a motion to the court for an order directing the bailiff to seize any other personal property of the person against whom the order was made. O. Reg. 258/98, r. 20.05 (2).
(3) Unless the court orders otherwise, the bailiff shall keep personal property seized under subrule (2) until the court makes a further order for its disposition. O. Reg. 258/98, r. 20.05 (3); O. Reg. 78/06, s. 42.
Storage Costs
(4) The person in whose favour the order is made shall pay the bailiff’s storage costs, in advance and from time to time; if the person fails to do so, the seizure shall be deemed to be abandoned. O. Reg. 258/98, r. 20.05 (4).
Writ of Seizure and Sale of Personal Property
20.06 (1) If there is default under an order for the payment or recovery of money, the clerk shall, at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue to a bailiff a writ of seizure and sale of personal property (Form 20C), and the bailiff shall enforce the writ for the amount owing, postjudgment interest and the bailiff’s fees and expenses. O. Reg. 258/98, r. 20.06 (1); O. Reg. 78/06, s. 43 (1).
(1.1) If more than six years have passed since the order was made, a writ of seizure and sale of personal property may be issued only with leave of the court. O. Reg. 78/06, s. 43 (2); O. Reg. 393/09, s. 18 (1).
(1.2) If a writ of seizure and sale of personal property is not issued within one year after the date on which an order granting leave to issue it is made,
(a) the order granting leave ceases to have effect; and
(b) a writ of seizure and sale of personal property may be issued only with leave of the court on a subsequent motion. O. Reg. 393/09, s. 18 (2).
(1.3) A writ of seizure and sale of personal property shall show the creditor’s name, address and telephone number and the name, address and telephone number of the creditor’s representative, if any. O. Reg. 393/09, s. 18 (2); O. Reg. 230/13, s. 17 (1).
Duration of Writ
(2) A writ of seizure and sale of personal property remains in force for six years after the date of its issue and for a further six years after each renewal. O. Reg. 78/06, s. 43 (3).
Renewal of Writ
(3) A writ of seizure and sale of personal property may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the bailiff. O. Reg. 78/06, s. 43 (3); O. Reg. 393/09, s. 18 (3).
Direction to Enforce
(4) The creditor may request enforcement of a writ of seizure and sale of personal property by filing a direction to enforce writ of seizure and sale of personal property (Form 20O) with the bailiff. O. Reg. 393/09, s. 18 (4).
Inventory of Property Seized
(5) Within a reasonable time after a request is made by the debtor or someone acting on the debtor’s authority, the bailiff shall deliver an inventory of personal property seized under a writ of seizure and sale of personal property. O. Reg. 258/98, r. 20.06 (5); O. Reg. 230/13, s. 17 (2).
Sale of Personal Property
(6) Personal property seized under a writ of seizure and sale of personal property shall not be sold by the bailiff unless notice of the time and place of sale has been,
(a) mailed, at least 10 days before the sale,
(i) to the creditor at the address shown on the writ, or to the creditor’s representative, and
(ii) to the debtor at the debtor’s last known address; and
(b) advertised in a manner that is likely to bring it to the attention of the public. O. Reg. 78/06, s. 43 (4); O. Reg. 393/09, s. 18 (5); O. Reg. 230/13, s. 17 (3).
Writ of Seizure and Sale of Land
20.07 (1) If an order for the payment or recovery of money is unsatisfied, the clerk shall at the creditor’s request, supported by an affidavit for enforcement request (Form 20P) stating the amount still owing, issue to the sheriff specified by the creditor a writ of seizure and sale of land (Form 20D). O. Reg. 258/98, r. 20.07 (1); O. Reg. 78/06, s. 44 (1); O. Reg. 393/09, s. 19 (1).
(1.1) If more than six years have passed since the order was made, a writ of seizure and sale of land may be issued only with leave of the court. O. Reg. 393/09, s. 19 (2).
(1.2) If a writ of seizure and sale of land is not issued within one year after the date on which an order granting leave to issue it is made,
(a) the order granting leave ceases to have effect; and
(b) a writ of seizure and sale of land may be issued only with leave of the court on a subsequent motion. O. Reg. 393/09, s. 19 (2).
(2) A writ of seizure and sale of land issued under subrule (1) has the same force and effect and may be renewed or withdrawn in the same manner as a writ of seizure and sale issued under rule 60 of the Rules of Civil Procedure. O. Reg. 258/98, r. 20.07 (2).
Duration of Writ
(3) A writ of seizure and sale of land remains in force for six years after the date of its issue and for a further six years after each renewal. O. Reg. 78/06, s. 44 (2).
Renewal of Writ
(4) A writ of seizure and sale of land may be renewed before its expiration by filing a request to renew a writ of seizure and sale (Form 20N) with the sheriff. O. Reg. 393/09, s. 19 (3).
Garnishment
20.08 (1) A creditor may enforce an order for the payment or recovery of money by garnishment of debts payable to the debtor by other persons. O. Reg. 258/98, r. 20.08 (1).
Joint Debts Garnishable
(2) If a debt is payable to the debtor and to one or more co-owners, one-half of the indebtedness or a greater or lesser amount specified in an order made under subrule (15) may be garnished. O. Reg. 258/98, r. 20.08 (2).
Where Leave Required
(2.1) If more than six years have passed since the order was made, or if its enforcement is subject to a condition, a notice of garnishment may be issued only with leave of the court. O. Reg. 393/09, s. 20 (1).
(2.2) If a notice of garnishment is not issued within one year after the date on which an order granting leave to issue it is made,
(a) the order granting leave ceases to have effect; and
(b) a notice of garnishment may be issued only with leave of the court on a subsequent motion. O. Reg. 393/09, s. 20 (1).
(2.3) A notice of renewal of garnishment may be issued under subrule (5.3) without leave of the court before the original notice of garnishment or any subsequent notice of renewal of garnishment expires. O. Reg. 393/09, s. 20 (1).
Obtaining Notice of Garnishment
(3) A creditor who seeks to enforce an order by garnishment shall file with the clerk of a court in the territorial division in which the debtor resides or carries on business,
(a) an affidavit for enforcement request (Form 20P) naming one debtor and one garnishee and stating,
(i) the date of the order and the amount awarded,
(ii) the territorial division in which the order was made,
(iii) the rate of postjudgment interest payable,
(iv) the total amount of any payments received since the order was granted,
(v) the amount owing, including postjudgment interest,
(vi) the name and address of the named garnishee to whom a notice of garnishment is to be directed,
(vii) the creditor’s belief that the named garnishee is or will become indebted to the debtor, and the grounds for the belief, and
(viii) any particulars of the debts that are known to the creditor; and
(b) a certificate of judgment (Form 20A), if the order was made in another territorial division. O. Reg. 78/06, s. 45 (1); O. Reg. 393/09, s. 20 (2).
(4) On the filing of the documents required by subrule (3), the clerk shall issue a notice of garnishment (Form 20E) naming as garnishee the person named in the affidavit. O. Reg. 78/06, s. 45 (1).
(5) A notice of garnishment issued under subrule (4) shall name only one debtor and only one garnishee. O. Reg. 258/98, r. 20.08 (5).
Duration and Renewal
(5.1) A notice of garnishment remains in force for six years from the date of its issue and for a further six years from each renewal. O. Reg. 393/09, s. 20 (3).
(5.2) A notice of garnishment may be renewed before its expiration by filing with the clerk of the court in which the notice of garnishment was issued a notice of renewal of garnishment (Form 20E.1), together with an affidavit for enforcement request (Form 20P). O. Reg. 393/09, s. 20 (3).
(5.3) On the filing of the notice and affidavit required by subrule (5.2), the clerk shall issue the notice of renewal of garnishment (Form 20E.1) naming as garnishee the person named in the affidavit. O. Reg. 393/09, s. 20 (3).
(5.4) The provisions of these rules that apply with respect to notices of garnishment also apply with respect to notices of renewal of garnishment. O. Reg. 393/09, s. 20 (3).
Service of Notice of Garnishment
(6) The notice of garnishment (Form 20E) shall be served by the creditor in accordance with subrule 8.01 (8). O. Reg. 78/06, s. 45 (2).
(6.1) The creditor shall serve the notice of garnishment on the debtor within five days of serving it on the garnishee. O. Reg. 78/06, s. 45 (2).
Financial Institution
(6.2) If the garnishee is a financial institution, the notice of garnishment and all further notices required to be served under this rule shall be served at the branch at which the debt is payable. O. Reg. 78/06, s. 45 (2).
Proof of Service
(6.3) Service of the notice of garnishment may be proved by affidavit. O. Reg. 78/06, s. 45 (2).
Garnishee Liable From Time of Service
(7) The garnishee is liable to pay to the clerk any debt of the garnishee to the debtor, up to the amount shown in the notice of garnishment, within 10 days after service of the notice on the garnishee or 10 days after the debt becomes payable, whichever is later. O. Reg. 258/98, r. 20.08 (7).
(8) For the purpose of subrule (7), a debt of the garnishee to the debtor includes,
(a) a debt payable at the time the notice of garnishment is served; and
(b) a debt payable (whether absolutely or on the fulfilment of a condition) after the notice is served and within six years after it is issued. O. Reg. 258/98, r. 20.08 (8); O. Reg. 78/06, s. 45 (3); O. Reg. 393/09, s. 20 (4).
Payment by Garnishee
(9) A garnishee who admits owing a debt to the debtor shall pay it to the clerk in the manner prescribed by the notice of garnishment, and the amounts paid into court shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act. O. Reg. 78/06, s. 45 (4).
Equal Distribution Among Creditors
(10) If the clerk has issued notices of garnishment in respect of a debtor at the request of more than one creditor and receives payment under any of the notices of garnishment, he or she shall distribute the payment equally among the creditors who have filed a request for garnishment and have not been paid in full. O. Reg. 258/98, r. 20.08 (10); O. Reg. 461/01, s. 18.
Disputing Garnishment
(11) A garnishee referred to in subrule (12) shall, within 10 days after service of the notice of garnishment, file with the court a statement (Form 20F) setting out the particulars. O. Reg. 258/98, r. 20.08 (11).
(12) Subrule (11) applies to a garnishee who,
(a) wishes to dispute the garnishment for any reason; or
(b) pays to the clerk less than the amount set out in the notice of garnishment as owing by the garnishee to the debtor, because the debt is owed to the debtor and to one or more co-owners of the debt or for any other reason. O. Reg. 258/98, r. 20.08 (12); O. Reg. 78/06, s. 45 (5).
Service on Creditor and Debtor
(13) The garnishee shall serve a copy of the garnishee’s statement on the creditor and the debtor. O. Reg. 78/06, s. 45 (6).
Notice to Co-Owner of Debt
(14) A creditor who is served with a garnishee’s statement under subrule (13) shall forthwith send to any co-owners of the debt, in accordance with subrule 8.01 (14), a notice to co-owner of debt (Form 20G) and a copy of the garnishee’s statement. O. Reg. 258/98, r. 20.08 (14); O. Reg. 78/06, s. 45 (7).
Garnishment Hearing
(15) At the request of a creditor, debtor, garnishee, co-owner of the debt or any other interested person, the clerk shall fix a time and place for a garnishment hearing. O. Reg. 78/06, s. 45 (8).
Service of Notice of Garnishment Hearing
(15.1) After having obtained a hearing date from the clerk, the party requesting the garnishment hearing shall serve the notice of garnishment hearing (Form 20Q) in accordance with subrule 8.01 (9). O. Reg. 78/06, s. 45 (8).
Powers of Court at Hearing
(15.2) At the garnishment hearing, the court may,
(a) if it is alleged that the garnishee’s debt to the debtor has been assigned or encumbered, order the assignee or encumbrancer to appear and state the nature and particulars of the claim;
(b) determine the rights and liabilities of the garnishee, any co-owner of the debt, the debtor and any assignee or encumbrancer;
(c) vary or suspend periodic payments under a notice of garnishment; or
(d) determine any other matter in relation to a notice of garnishment. O. Reg. 78/06, s. 45 (8).
Time to Request Hearing
(16) A person who has been served with a notice to co-owner of debt is not entitled to dispute the enforcement of the creditor’s order for the payment or recovery of money or a payment made by the clerk unless the person requests a garnishment hearing within 30 days after the notice is sent. O. Reg. 258/98, r. 20.08 (16).
Enforcement Against Garnishee
(17) If the garnishee does not pay to the clerk the amount set out in the notice of garnishment and does not send a garnishee’s statement, the creditor is entitled to an order against the garnishee for payment of the amount set out in the notice, unless the court orders otherwise. O. Reg. 258/98, r. 20.08 (17).
Payment to Person other than Clerk
(18) If, after service of a notice of garnishment, the garnishee pays a debt attached by the notice to a person other than the clerk, the garnishee remains liable to pay the debt in accordance with notice. O. Reg. 258/98, r. 20.08 (18).
Effect of Payment to Clerk
(19) Payment of a debt by a garnishee in accordance with a notice of garnishment is a valid discharge of the debt as between the garnishee and the debtor and any co-owner of the debt, to the extent of the payment. O. Reg. 258/98, r. 20.08 (19).
Distribution of Payments
(20) When proof is filed that the notice of garnishment was served on the debtor, the clerk shall distribute a payment received under a notice of garnishment to a creditor in accordance with subrule (20.1), unless,
(a) a hearing has been requested under subrule (15);
(b) a notice of motion and supporting affidavit (Form 15A) has been filed under rule 8.10, 11.06 or 17.04; or
(c) a request for clerk’s order on consent (Form 11.2A) has been filed seeking the relief described in subparagraph 1 iii of subrule 11.2.01 (1). O. Reg. 78/06, s. 45 (9); O. Reg. 393/09, s. 20 (5).
(20.1) The clerk shall distribute the payment,
(a) in the case of the first payment under the notice of garnishment, 30 days after the date it is received; and
(b) in the case of every subsequent payment under the notice of garnishment, as they are received. O. Reg. 78/06, s. 45 (9).
Notice Once Order Satisfied
(20.2) Once the amount owing under an order that is enforced by garnishment is paid, the creditor shall immediately serve a notice of termination of garnishment (Form 20R) on the garnishee and on the clerk. O. Reg. 393/09, s. 20 (6).
Payment if Debt Jointly Owned
(21) If a payment of a debt owed to the debtor and one or more co-owners has been made to the clerk, no request for a garnishment hearing is made and the time for doing so under subrule (16) has expired, the creditor may file with the clerk, within 30 days after that expiry,
(a) proof of service of the notice to co-owner; and
(b) an affidavit stating that the creditor believes that no co-owner of the debt is a person under disability, and the grounds for the belief. O. Reg. 258/98, r. 20.08 (21).
(22) The affidavit required by subrule (21) may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit. O. Reg. 258/98, r. 20.08 (22).
(23) If the creditor does not file the material referred to in subrule (21), the clerk shall return the money to the garnishee. O. Reg. 258/98, r. 20.08 (23); O. Reg. 393/09, s. 20 (7).
Consolidation Order
20.09 (1) A debtor against whom there are two or more unsatisfied orders for the payment of money may make a motion to the court for a consolidation order. O. Reg. 258/98, r. 20.09 (1).
(2) The debtor’s notice of motion and supporting affidavit (Form 15A) shall set out, in the affidavit portion,
(a) the names and addresses of the creditors who have obtained an order for the payment of money against the debtor;
(b) the amount owed to each creditor;
(c) the amount of the debtor’s income from all sources, identifying them; and
(d) the debtor’s current financial obligations and any other relevant facts. O. Reg. 258/98, r. 20.09 (2); O. Reg. 393/09, s. 21 (1).
Notice of Motion
(3) For the purposes of clause 15.01 (3) (a), the notice of motion and supporting affidavit shall be served on each of the creditors mentioned in it at least seven days before the hearing date. O. Reg. 393/09, s. 21 (2).
Contents of Consolidation Order
(4) At the hearing of the motion, the court may make a consolidation order setting out,
(a) a list of unsatisfied orders for the payment of money against the debtor, indicating in each case the date, court and amount and the amount unpaid;
(b) the amounts to be paid into court by the debtor under the consolidation order; and
(c) the times of the payments. O. Reg. 258/98, r. 20.09 (4).
(5) The total of the amounts to be paid into court by the debtor under a consolidation order shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act. O. Reg. 78/06, s. 46 (1).
Creditor May Make Submissions
(6) At the hearing of the motion, a creditor may make submissions as to the amount and times of payment. O. Reg. 258/98, r. 20.09 (6).
Further Orders Obtained After Consolidation Order
(7) If an order for the payment of money is obtained against the debtor after the date of the consolidation order for a debt incurred before the date of the consolidation order, the creditor may file with the clerk a certified copy of the new order; the creditor shall be added to the consolidation order and shall share in the distribution under it from that time. O. Reg. 258/98, r. 20.09 (7).
(8) A consolidation order terminates immediately if an order for the payment of money is obtained against the debtor for a debt incurred after the date of the consolidation order. O. Reg. 258/98, r. 20.09 (8).
Enforcement Limited While Consolidation Order in Force
(9) While the consolidation order is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff. O. Reg. 258/98, r. 20.09 (9).
Termination on Default
(10) A consolidation order terminates immediately if the debtor is in default under it for 21 days. O. Reg. 258/98, r. 20.09 (10).
Effect of Termination
(11) If a consolidation order terminates under subrule (8) or (10), the clerk shall notify the creditors named in the consolidation order, and no further consolidation order shall be made in respect of the debtor for one year after the date of termination. O. Reg. 258/98, r. 20.09 (11); O. Reg. 461/01, s. 19 (1).
Manner of Sending Notice
(11.1) The notice that the consolidation order is terminated shall be served by mail or fax. O. Reg. 330/02, s. 12 (1).
(11.2), (11.3) Revoked: O. Reg. 78/06, s. 46 (2).
Equal Distribution Among Creditors
(12) All payments into a consolidation account belong to the creditors named in the consolidation order, who shall share equally in the distribution of the money. O. Reg. 258/98, r. 20.09 (12).
(13) The clerk shall distribute the money paid into the consolidation account at least once every six months. O. Reg. 258/98, r. 20.09 (13).
Examination of Debtor or Other Person
20.10 (1) If there is default under an order for the payment or recovery of money, the clerk of a court in the territorial division in which the debtor or other person to be examined resides or carries on business shall, at the creditor’s request, issue a notice of examination (Form 20H) directed to the debtor or other person. O. Reg. 258/98, r. 20.10 (1); O. Reg. 393/09, s. 22 (1).
(2) The creditor’s request shall be accompanied by,
(a) an affidavit for enforcement request (Form 20P) setting out,
(i) the date of the order and the amount awarded,
(ii) the territorial division in which the order was made,
(iii) the rate of postjudgment interest payable,
(iv) the total amount of any payments received since the order was granted, and
(v) the amount owing, including postjudgment interest; and
(b) a certificate of judgment (Form 20A), if the order was made in another territorial jurisdiction. O. Reg. 258/98, r. 20.10 (2); O. Reg. 78/06, s. 47 (1); O. Reg. 393/09, s. 22 (2).
Service of Notice of Examination
(3) The notice of examination shall be served in accordance with subrules 8.01 (10), (11) and (12). O. Reg. 78/06, s. 47 (2).
(4) The debtor, any other persons to be examined and any witnesses whose evidence the court considers necessary may be examined in relation to,
(a) the reason for nonpayment;
(b) the debtor’s income and property;
(c) the debts owed to and by the debtor;
(d) the disposal the debtor has made of any property either before or after the order was made;
(e) the debtor’s present, past and future means to satisfy the order;
(f) whether the debtor intends to obey the order or has any reason for not doing so; and
(g) any other matter pertinent to the enforcement of the order. O. Reg. 258/98, r. 20.10 (4).
Duties of Person to be Examined
(4.1) A person who is served with a notice of examination shall,
(a) inform himself or herself about the matters mentioned in subrule (4) and be prepared to answer questions about them; and
(b) in the case of an examination of a debtor who is an individual, complete a financial information form (Form 20I) and,
(i) serve it on the creditor requesting the examination, but not file it with the court, and
(ii) provide a copy of it to the judge presiding at the examination hearing. O. Reg. 78/06, s. 47 (3); O. Reg. 440/10, s. 6 (1).
(4.2) A debtor required under clause (4.1) (b) to complete a financial information form (Form 20I) shall bring such documents to the examination hearing as are necessary to support the information that he or she provides in the financial information form. O. Reg. 440/10, s. 6 (2).
Who May Be Examined
(5) An officer or director of a corporate debtor, or, in the case of a debtor that is a partnership or sole proprietorship, the sole proprietor or any partner, may be examined on the debtor’s behalf in relation to the matters set out in subrule (4). O. Reg. 258/98, r. 20.10 (5).
Attendance
(5.1) A person required to attend an examination may attend,
(a) in person; or
(b) by video conference in accordance with rule 1.07. O. Reg. 393/09, s. 22 (3).
Examinations Private, Under Oath and Recorded
(6) The examination shall be,
(a) held in the absence of the public, unless the court orders otherwise;
(b) conducted under oath; and
(c) recorded. O. Reg. 78/06, s. 47 (4).
Order As To Payment
(7) After the examination or if the debtor’s consent is filed, the court may make an order as to payment. O. Reg. 258/98, r. 20.10 (7); O. Reg. 461/01, s. 20 (1).
Enforcement Limited while Order as to Payment in Force
(8) While an order as to payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff. O. Reg. 258/98, r. 20.10 (8).
(9)-(15) Revoked: O. Reg. 78/06, s. 47 (5).
Contempt Hearing
20.11 (1) If a person on whom a notice of examination has been served under rule 20.10 attends the examination but refuses to answer questions or to produce records or documents, the court may order the person to attend before it for a contempt hearing. O. Reg. 440/10, s. 7 (1).
Same
(2) If a person on whom a notice of examination has been served under rule 20.10 fails to attend the examination, the court may order the person to attend before it for a contempt hearing under subsection 30 (1) of the Courts of Justice Act. O. Reg. 440/10, s. 7 (1).
Notice of Contempt Hearing
(3) If the court makes an order for a contempt hearing,
(a) the clerk shall provide the creditor with a notice of contempt hearing setting out the time, date and place of the hearing; and
(b) the creditor shall serve the notice of contempt hearing on the debtor or other person in accordance with subrule 8.01 (13) and file the affidavit of service at least seven days before the hearing. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (2).
Setting Aside Order for Contempt Hearing
(4) A person who has been ordered to attend a contempt hearing under subsection 30 (1) of the Courts of Justice Act may make a motion to set aside the order, before or after receiving the notice of contempt hearing but before the date of the hearing and, on the motion, the court may set aside the order and order that the person attend another examination under rule 20.10. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (3).
Finding of Contempt of Court
(5) At a contempt hearing held under subrule (1), the court may find the person to be in contempt of court if the person fails to show cause why the person should not be held in contempt for refusing to answer questions or produce records or documents. O. Reg. 78/06, s. 48.
Same
(6) The finding of contempt at a hearing held under subsection 30 (1) of the Courts of Justice Act is subject to subsection 30 (2) of that Act. O. Reg. 440/10, s. 7 (4).
Other Powers of Court at Contempt Hearing
(7) At a contempt hearing, the court may order that the person,
(a) attend an examination under rule 20.10;
(b) be jailed for a period of not more than five days;
(c) attend an additional contempt hearing under subrule (1) or subsection 30 (1) of the Courts of Justice Act, as the case may be; or
(d) comply with any other order that the judge considers necessary or just. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (5-7).
Warrant of Committal
(8) If a committal is ordered under clause (7) (b),
(a) the creditor may complete and file with the clerk an identification form (Form 20K) to assist the police in apprehending the person named in the warrant of committal; and
(b) the clerk shall issue a warrant of committal (Form 20J), accompanied by the identification form, if any, directed to all police officers in Ontario to apprehend the person named in the warrant anywhere in Ontario and promptly bring the person to the nearest correctional institution. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (8).
Discharge
(9) A person in custody under a warrant issued under this rule shall be discharged from custody on the order of the court or when the time prescribed in the warrant expires, whichever is earlier. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (9).
Duration and Renewal
(10) A warrant issued under this rule remains in force for 12 months after the date of issue and may be renewed by order of the court on a motion made by the creditor for 12 months at each renewal, unless the court orders otherwise. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (10).
(11) Revoked: O. Reg. 440/10, s. 7 (11).
Satisfaction of Order
20.12 If payment is made in full satisfaction of an order,
(a) where all parties consent, a party may file a request for clerk’s order on consent (Form 11.2A) indicating that payment has been made in full satisfaction of the order or terms of settlement; or
(b) the debtor may make a motion for an order confirming that payment has been made in full satisfaction of the order or terms of settlement. O. Reg. 78/06, s. 48; O. Reg. 393/09, s. 23.
