Acts and Regulations

Rule-61 - ENFORCEMENT OF ORDERS AND JUDGMENTS

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Current to 1 January 2024
JUDGMENTS
RULE 61
ENFORCEMENT OF ORDERS AND JUDGMENTS
61.01Enforcement of Orders
An order of the court may be enforced in the same way that a judgment to the same effect might be enforced.
61.02Enforcement Orders Generally
(1)Judgments may be enforced by enforcement orders as follows
(a) Repealed: 2013, c.32, s.37
(b) for recovery of possession of land, by an Order for Possession of Land (Form 61B),
(c) for delivery of personal property, by an Order for Delivery of Personal Property (Form 61C), and
(d) requiring the doing or abstaining from doing of any act, by a Contempt Order (Form 76A).
(2)The Registrar or clerk may provide solicitors with forms of
(a) Repealed: 2013, c.32, s.37
(b) Orders for Possession of Land, and
(c) Orders for Delivery of Personal Property,
bearing his signature and the seal of the court.
2013, c.32, s.37
61.03Repealed: 2013, c.32, s.37
2013, c.32, s.37
61.04Enforcement Order for Possession of Land
A judgment for the recovery or delivery of possession of land may be enforced by the issue of an Order for Possession of Land.
61.05Enforcement Order for Delivery of Personal Property
A judgment for the delivery of personal property, other than land or money, may be enforced by the issue of an Order for Delivery of Personal Property.
61.06Enforcement Order to Do or Abstain from Doing any Act
(1)Where a party refuses or neglects to obey a judgment which requires him
(a) to do anything other than to pay money, or
(b) to abstain from doing anything,
the jugment may be enforced against him by a Contempt Order.
(2)A Contempt Order shall not be granted under paragraph (1) unless the court is satisfied that the person against whom the order is made had actual knowledge of the substance of the judgment in time to comply.
61.07Repealed: 2013, c.32, s.37
2013, c.32, s.37
61.08Repealed: 2013, c.32, s.37
2013, c.32, s.37
61.09Order for Possession of Land
(1)Unless provided otherwise by the judgment, an Order for Possession of Land shall not be issued without leave of the court, which may be obtained on a motion made without notice.
(2)Leave shall not be given unless it is shown by affidavit that every person in actual possession of the whole or any part of the land has received sufficient notice of the proceeding in which judgment was obtained to have enabled him to apply on motion to the court for relief.
(3)An Order for Possession of Land remains in force for 1 year from the date of the judgment or order authorizing its issue.
61.10Order for Delivery of Personal Property
Where the sheriff is unable to obtain possession of property described in an Order for Delivery of Personal Property the party who issued the Order for Delivery of Personal Property may apply on motion to the court for an order directing the sheriff to take other personal property of the party against whom judgment was obtained, not exceeding double the value of the property described, to be kept by the sheriff until further order of the court.
61.11Enforcement by or Against a Person not a Party
(1)Where a judgment is made for the benefit of a person who is not a party, that person may enforce obedience to the judgment by the same process as if he were a party.
(2)Where a judgment may be enforced against a person who is not a party, that person shall be liable to the same process for enforcing obedience to the judgment as if he were a party.
61.12Wrongful Enforcement
A person who claims that an Enforcement Order was wrongfully issued or executed against him, may apply on motion
(a) to have the order set aside, and
(b) to have returned to him any property improperly seized or taken.
61.13Report by Sheriff
(1)A party who has filed an enforcement order with a sheriff may, by a demand in writing, require the sheriff to report the manner in which he has executed it.
(2)Where the sheriff fails to comply within a reasonable time with a demand made under paragraph (1), the party serving the demand may give to the sheriff notice of motion for an order directing compliance with the demand.
85-5
61.14Repealed: 2013, c.32, s.37
2014-78; 2013, c.32, s.37
61.15Enforcement of Judgment at Expense of Disobedient Party
(1)Where a person refuses or neglects to comply with a judgment or any term of a judgment other than one which provides only for payment of money, the court
(a) may grant a Contempt Order, and
(b) may direct the judgment creditor or some other person to carry out the terms of the judgment.
(2)Where the court has made an order under paragraph (1)(b) and determines the expenses of carrying it out, the court may grant judgment against the disobedient person for those expenses and costs.
2013, c.32, s.37; 2019-33
61.16Stay of Enforcement
The court may stay the enforcement of a judgment, on such terms as may be just,
(a) if the court is satisfied that events occurring after the judgment or other special circumstances render it inexpedient to enforce the judgment,
(b) if the court is satisfied that the judgment debtor is for any reason unable to pay money recoverable under a judgment,
(c) if the court has refused to grant leave under section 5 of the General Regulation – Enforcement of Money Judgments Act for an enforcement instruction to be delivered or for the seizure of a judgment debtor’s income to continue, or
(d) for any other just cause.
2019-33