Transcript City of Brampton Powerpoint Template
MFOA – Provincial Offences Administration Committee 2013 Annual Meeting & Professional Development Conference September 18, 2013
Enforcing Writs / Seizure and Sale of Property
Presented by John Zingaro, Legal Counsel, City of Brampton
Enforcing Writs / Seizure and Sale of Property
• • • • List of Relevant Legislation: Provincial Offences Act (s.68 Civil Enforcement of Fines) Execution Act Creditors’ Relief Act, 2010 Rules of Civil Procedure (Rule 60 and Forms http://www.ontariocourtforms.on.ca/english/ civil)
Enforcing Writs / Seizure and Sale of Property
• • • • • Overview of the Writs System: Writ of Execution is the statutory authority permitting the Sheriff to seize and sell assets Creditor may file a writ against a debtor in one or more of 49 enforcement offices A writ binds land owned by the debtor while it is in force, even if the debtor sells the lands to a 3 rd party A writ is limited to the jurisdiction in which it is filed The Sheriff is required to enter all filed and renewed writs into an electronic database – index
Enforcing Writs / Seizure and Sale of Property
• • • • • Process: POA – s.68 Certificate of Default filed in Superior Court File Writ of Seizure and Sale (Form 60A) Wait 40 days (Rule 60.07(17)) File Direction to Enforce Writ of Seizure and Sale, plus appropriate fees/deposit (Form 60F) No sale of the lands may be held less than 6 months from the date the writ was filed
Enforcing Writs / Seizure and Sale of Property
Order of Priorities: 1. Crown in right of Canada (Writ) 2. Support or maintenance (Order) 3. The Crown in right of Ontario (Writ) 4. All other creditors by execution • There is NO priority among creditors by execution – they share proportionally
Enforcing Writs / Seizure and Sale of Property
• • Mortgages: S.28 Executions Act: The seizure and sale of mortgaged lands vests in the purchaser the interest of the mortgagor at the time the sale S.14 Creditors’ Relief Act: Sheriff may sell the encumbered property under an execution filed before the mortgage was given, as if it had not been given, and the proceeds are to be distributed as follows: • Crown Creditors and Support/Maintenance Orders • • • Executions filed prior to the mortgage Mortgagee Executions filed subsequent to the mortgage
Enforcing Writs / Seizure and Sale of Property