Courts of Justice Act

ONTARIOREGULATION 114/99

Amended to O. Reg. 89/04

FAMILY LAW RULES

RULE 28:  SEIZURE AND SALE

ISSUE OF WRIT OF SEIZURE AND SALE

28.  (1)  The clerk shall issue a writ of seizure and sale (Form 28) if a recipient files,

(a)   a request for a writ of seizure and sale (Form 28A); and

(b)   a statement of money owed (subrules 26 (5) and (6)).  O. Reg. 114/99, r. 28 (1); O. Reg. 544/99, s. 13 (1).

STATUTORY DECLARATION TO CHANGE AMOUNT OWED

(2)  The statutory declaration to sheriff mentioned in section 44 of the Family Responsibility and Support Arrears Enforcement Act, 1996 shall be in Form 28B.  O. Reg. 114/99, r. 28 (2).

STATUTORY DECLARATION IF ORDER CHANGED

(3)  If a court changes a payment order that is being enforced by a writ of seizure and sale, a statutory declaration to sheriff (Form 28B) may be filed with the sheriff and once filed, it has the same effect as a declaration mentioned in subrule (2).  O. Reg. 114/99, r. 28 (3).

DURATION OF WRIT

(4)  A writ of seizure and sale continues in effect until,

(a)   the recipient withdraws it under subrule (7); or

(b)   the court orders otherwise under subrule (8).  O. Reg. 114/99, r. 28 (4); O. Reg. 544/99, s. 13 (2).

WRIT ISSUED UNDER FORMER RULES

(5)  A writ directing the sheriff to seize and sell a payor’s property that was issued by the court under the rules that applied before these rules take effect has the same legal effect as a writ of seizure and sale issued under these rules, and does not expire except as subrule (4) provides.  O. Reg. 544/99, s. 13 (3).

NOTIFYING SHERIFF OF PAYMENT RECEIVED

(6)  If a writ of seizure and sale has been filed with a sheriff,

(a)   the recipient shall, on the sheriff’s request, provide a statutory declaration setting out details of all payments received by or on behalf of the recipient; and

(b)   the sheriff shall update the writ accordingly.  O. Reg. 114/99, r. 28 (6).

WITHDRAWING WRIT

(7)  The person who obtained a writ to enforce an order shall immediately withdraw it from every sheriff’s office where it has been filed if,

(a)   the person no longer wants to enforce the order by a writ;

(b)   in the case of a payment order, the payor’s obligation to make periodic payments under the order has ended and all other amounts owing under it have been paid; or

(c)   in the case of any other order, the person against whom the writ was issued has obeyed the order.  O. Reg. 114/99, r. 28 (7).

ORDER CHANGING, WITHDRAWING OR SUSPENDING WRIT

(8)  The court may, on motion, make an order changing the terms of a writ, withdrawing it or temporarily suspending it, even if the writ was issued by another court in Ontario.  O. Reg. 114/99, r. 28 (8).

SERVICE OF ORDER

(9)  The person making the motion, or another person named by the court, shall serve a copy of the order on,

(a)   every sheriff in whose office the writ has been filed; and

(b)   if the writ was issued by the court in another place, or by another court, on the clerk of the court in the other place or the clerk of the other court.  O. Reg. 114/99, r. 28 (9).

WRIT OF TEMPORARY SEIZURE OF PROPERTY

(10)  The court may, on motion with special service (subrule 6 (3)), give permission to issue a writ of temporary seizure (Form 28C) directing the sheriff to take possession of and hold all or part of the land and other property of a person against whom an order has been made and to hold any income from the property until the person obeys the order.  O. Reg. 114/99, r. 28 (10).

Note:  On July 1, 2004, subrule (10) is amended by striking out “until the person obeys the order” at the end and substituting “until the writ is withdrawn or the court orders otherwise”.  See:  O. Reg. 89/04, ss. 11 (1), 18.

Note:  On July 1, 2004, Rule 28 is amended by adding the following subrule:

ELECTRONIC WRITS

(11)  If a recipient is entitled to the issue of a writ of seizure and sale by the Superior Court of Justice, the recipient is entitled to the electronic issue and filing of the writ in accordance with the Rules of Civil Procedure.  O. Reg. 89/04, s. 11 (2).

See:  O. Reg. 89/04, ss. 11 (2), 18.