Judgements, enforcement, contempt and costs

Question 1

What is a judgement?

Answer 1

A one of a kind order that a court might issue at the end of a proceeding, a decision that finally disposes of an action on its merits and includes a judgement entered in consequence of the default of a party

Question 2

What is the difference between final and interlocutory orders?

Answer 2

A final order of the Small Claims Court is appealable to the Divisional Court

Interlocutory orders are not appealable

Question 3

What is the periodof time used to calculate prejudgement interest?

Answer 3

The date that the cause of action arose to the date of the order

Question 4

A final order of the Small Claims Court may be appealed to the Divisional Court only if

Answer 4

the amount of money, excluding costs or the value of personal property claimed in the action exceeds $3,500

Question 5

Where an order requires the judgement debtor to make periodic payments is in force, the creditor is not permitted to

Answer 5

take or continue any steps to enforce the order, with the exception of issuing a writ of seizure and sale of land and filing it with the sheriff

Question 6

an affidavir for enforcement request is Form

Answer 6

20P

Question 7

What is stated in an affidavit for enforcement request?

Answer 7

states the amount outstanding under the order, taking into account money received since the date of the order.

Question 8

A certificate of judgement is form

Answer 8

20A

Question 9

A writ of delivery is Form

Answer 9

20B

Question 10

What isa writ of delivery?

Answer 10

Issed by the clerk of the court to a bailiff at the creditor’s request where there has been default under an order requiring the delivery of personal property. Filed by the party owed outstanding property per the order

Question 11

Writ of seizure and sale of personal property is Form

Answer 11

20C

Question 12

A writ of seizure and sale of personal property is issued by

Answer 12

the clerk of the court at the creditor’s request where there is a default under an order for the payment or recovery of money

Question 13

A writ of seizure and sale of personal property remains in force for

Answer 13

6 years after the date of issuance. May be renewed by filing a request to renew with the bailiff (Form 20N)

Question 14

A creditor who has received a writ of seizure and sale of personal property may file for enforcement by

Answer 14

filing a direction to enforce with the bailiff (Form 20O) detailing the propert to be seized amd its location

Question 15

Writ of seizure and sale of land is Form

Answer 15

20D

Question 16

A writ of seizure and sale of land can be filed

Answer 16

electronically, without a supporting affidavit

Question 17

A writ of seizure and sale of land remains in force for

Answer 17

6 years after the date of issuance

Question 18

For sale of personal property, notice of the time and place of sale must be

Answer 18

mailed by the bailiff to the debtor and the creditor at least 10 days prior to the sale, and must be published in a newspaper of general circulation in the place where the property is seized

Question 19

For sale of real property, no steps may be taken to sell under the writ until

Answer 19

4 months after the writ was filed or re-filed if it was withdrawn,

Question 20

Notice of the time and place of sale of real property must be

Answer 20

mailed to the debtor and the creditor and published in the Ontario Gazette at least 30 days before any sale

Question 21

For the sale of real property, the sheriff must place two notices in

Answer 21

the newspaper with general circulation in the place where the land is situated, the last such notice not more than 3 weeks and not less than 1 week before the sale, and must post a notice prominently in the sherrif’s office

Question 22

Notices of garnishment are issued by

Answer 22

the clerk of the court in the territorial jurisdiction where the judgement debtor resides or carries on business

Question 23

For garnishment, the creditor must file an

Answer 23

affidavit for enforcement Form 20P stating:
- the amount outstanding, after accounting for any payments and postjudgement interest
- the name and address of the person that the judgement creditor believes is or will become indebted to the judgement debtor
- the particulars of such debts known to the judgement creditor

Question 24

A notice of garnishment is Form

Answer 24

20E

Question 25

A notice of garnishment shall name only

Answer 25

one debtor adn one garnishee.

Question 26

The notice of garnishment and a copy of the affidavit used to obtain the notice is served by

Answer 26

the judgement creditor on the debtor within 5 days of service on the garnishee

Question 27

What must a garnishee do when served with a notice of garnishment?

Answer 27

pay any amounts it owes to the judgement debtor, subject to any exemptions, to the clerk of the court up to the amount of the judgement debt within 10 days after service of the notice or within 10 days after the debt becomes due, whichever is later.

Question 28

if the garnishee denies owing the judgement debtor the amount the judgement creditor believes was owing as stated in the notice of garnishment, or pays a less amt to the clerk, the garnishee must

Answer 28

serve and file with the court a garnishee’s statement (Form 20 F) within 10 days after the service of the notice of garnishment and set out the particulars of the dispute

Question 29

What are the exemptions from garnishment?

Answer 29

• necessary clothing of the debtor and dependants
• household furniture & appliances up to $14,180
• tools and assets used in business up to $14,105 or $31,379 for farmers
• single motor vehicle of up to $7,117
  -aids and devices owned by debtor or debtor’s family to assist with disability or medical or dental conditions
• 80% of the employee’s net wages, some payment benefits under government programs

Question 30

In 2010, the exemption of ____ was added

Answer 30

the equity value of the principal residence of a debtor as long as the value does not exceed $10,783

Question 31

When may a person who has been served a notice of examination be cited in contempt of court/ordered to attend a contempt hearing?

Answer 31

• the person attends the examination but refuses to answer questions or to produce records/documents
• the person fails to attend an examination respecting a default by a debtor under an order for the payment/return of money despite having been personally served with the notice of examination

Question 32

a notice of contempt hearing must be served

Answer 32

at least 7 days before the hearing

Question 33

A judge may find contempt at a hearing where they are satisfied that:

Answer 33

• the person was required to attend the examination
• the person was personally served with the notice to attend
• the person failed to attend
• the failure to attend was wilful

Question 34

Where a finding of contempt is made, a judge may make an order that the person in contempt:

Answer 34

• attend an examination under Rule 20.10
• be jailed for a period of not more than 5 days
• attend an additional contempt hearing, or
• comply with any other order that the judge considers necessary or just

Question 35

What is issued to apprehend a person who has been found in contempt?

Answer 35

Form 20J

Question 36

Section 29 of the CJA states that (costs)

Answer 36

costs shall not exceed 15% of the amount claimed or the value of the property sought to be recovered, unless considered necessary due to unreasonable behaviour/for the sake of justice

Question 37

Costs per S29 CJA does not include

Answer 37

disbursements