Enforcement of Order to do or abstain from doing any act: Difference between revisions

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==R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, Rule 49<ref name="ROCP"/>==
==R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, Rule 49<ref name="ROCP"/>==
<b>ENFORCEMENT OF ORDER FOR RECOVERY OF PERSONAL PROPERTY<b/>
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).


60.05 An order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be enforced against the person refusing or neglecting to obey the order by a contempt order under rule 60.11.   
60.05 An order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be enforced against the person refusing or neglecting to obey the order by a contempt order under rule 60.11.   
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:(2) An order that may be enforced against a person who is not a party may be enforced against that person in the same manner as if the person were a party.   
:(2) An order that may be enforced against a person who is not a party may be enforced against that person in the same manner as if the person were a party.   


60.07 (1) Where an order may be enforced by a writ of seizure and sale, the creditor is entitled to the issue of one or more writs of seizure and sale (Form 60A), on filing with the registrar where the proceeding was commenced a requisition setting out,
::(a)  the date and amount of any payment received since the order was made; and
::(b)  the amount owing and the rate of postjudgment interest,
together with a copy of the order as entered and any other evidence necessary to establish the amount awarded and the creditor’s entitlement.  R.R.O. 1990, Reg. 194, r. 60.07 (1); O. Reg. 396/91, s. 12.
<b>Seizure of Personal Property</b>


(15) Where personal property is seized under a writ of seizure and sale, the sheriff shall, on request, deliver an inventory of the property seized to the debtor or the debtor’s agent or employee before or, where this is not practicable, within a reasonable time after the property is removed from the premises on which it was seized.  R.R.O. 1990, Reg. 194, r. 60.07 (15).


<ref name="ROCP">R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, retrieved on 2020-09-01</ref>
<ref name="ROCP">R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, retrieved on 2020-09-01</ref>


==References==
==References==

Revision as of 19:03, 2 September 2020


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).

60.05 An order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be enforced against the person refusing or neglecting to obey the order by a contempt order under rule 60.11.

60.06 (1) An order that is made for the benefit of a person who is not a party may be enforced by that person in the same manner as if the person were a party.

(2) An order that may be enforced against a person who is not a party may be enforced against that person in the same manner as if the person were a party.


[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
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