Service of Notice (Contempt Hearing - R.20.11) (SCSM)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-24
CLNP Page ID:	2152
Page Categories:	[Rule 20 - Enforcement of Orders (SCSM Rules)]
Citation:	Service of Notice (Contempt Hearing - R.20.11) (SCSM), CLNP 2152, <https://rvt.link/4e>, retrieved on 2024-11-24
Editor:	P08916
Last Updated:	2023/02/21

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O. Reg. 258/98: RULES OF THE SMALL CLAIMS COURT

8.01 (1) A plaintiff’s claim or defendant’s claim (Form 7A or 10A) shall be served personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03. O. Reg. 258/98, r. 8.01 (1).

...

(10) A notice of examination (Form 20H) shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02 or by an alternative to personal service as provided in rule 8.03. O. Reg. 78/06, s. 10; O. Reg. 393/09, s. 4 (2).

(11) If the person to be examined is the debtor and the debtor is an individual, the creditor shall serve the notice of examination on the debtor together with a blank financial information form (Form 20I). O. Reg. 78/06, s. 10.

(12) The notice of examination,

(a) shall be served, together with the financial information form if applicable, at least 30 days before the date fixed for the examination; and

(b) shall be filed, with proof of service, at least three days before the date fixed for the examination. O. Reg. 393/09, s. 4 (3).

(13) A notice of a contempt hearing shall be served by the creditor on the debtor or person to be examined personally as provided in rule 8.02. O. Reg. 78/06, s. 10.

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8.02 If a document is to be served personally, service shall be made,

(a) on an individual, other than a person under disability, by leaving a copy of the document with him or her;

...

(c) on any other corporation, by leaving a copy of the document with,

(i) an officer, a director or another person authorized to act on behalf of the corporation, or

(ii) a person at any place of business of the corporation who appears to be in control or management of the place of business;

...

20.10 (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).

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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).

(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).

(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 proof of service at least seven days before the hearing. O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (2); O. Reg. 521/22, s. 9.

(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).

(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.

(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).

(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).

(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).

(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).

(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).