Note: Distinguish duration of registration from duration of writ. Recall that the writ is in force only while the judgment in respect of which it is issued is in force (CEA s. 27). A judgment is not in force after 10 years from date it takes effect unless renewed (CEA s. 27 and Limitations Act s. 11). E. Registration Obligations of Enforcement Creditors An EC needs to update the registration to reflect the amount owing within 15 days of receiving money under the judgment (CER 41) 41 If an enforcement creditor (a) receives any money on account of the amount owing under a writ of enforcement, or (b) receives anything by way of satisfaction, either wholly or in part, of the amount owing under a writ of enforcement, the enforcement creditor must, within 15 days from the day that the enforcement creditor received that money or that satisfaction, register in the Registry a status report to amend the amount owing under the writ of enforcement If there is a stay of enforcement, EC needs to update in PPR withing 15 days 42 If an enforcement creditor enters into an agreement that provides that proceedings under a writ of enforcement are to be stayed or suspended, the enforcement creditor must, within 15 days from the day of entering into that agreement, register in the Registry a status report that discloses the fact that the proceedings are stayed or suspended, as the case may be.. Failing to update under section 41 or 42 does not invalidate the writ (CER s. 43) F. Discovering the Debtor’s Assets for Purpose of Enforcing Judgment Identify and locate the enforcement debtor's exigible property for purposes of enforcing judgment Financial report to be provided by enforcement debtor: CER s. 35.10 is mandatory on service of notice may be required annually status report indicating receipt of financial report to be registered by enforcement creditor in PPR and made available to other enforcement creditors upon request + payment of a fee Questioning of enforcement debtor under oath: CER ss. 35.11 - 35.12 is mandatory on service of notice may be required annually (or more often by order of the court)
Note: Distinguish duration of registration from duration of writ. Recall that the writ is in force only while the judgment in respect of which it is issued is in force (CEA s. 27). A judgment is not in force after 10 years from date it takes effect unless renewed (CEA s. 27 and Limitations Act s. 11). E. Registration Obligations of Enforcement Creditors An EC needs to update the registration to reflect the amount owing within 15 days of receiving money under the judgment (CER 41) 41 If an enforcement creditor (a) receives any money on account of the amount owing under a writ of enforcement, or (b) receives anything by way of satisfaction, either wholly or in part, of the amount owing under a writ of enforcement, the enforcement creditor must, within 15 days from the day that the enforcement creditor received that money or that satisfaction, register in the Registry a status report to amend the amount owing under the writ of enforcement If there is a stay of enforcement, EC needs to update in PPR withing 15 days 42 If an enforcement creditor enters into an agreement that provides that proceedings under a writ of enforcement are to be stayed or suspended, the enforcement creditor must, within 15 days from the day of entering into that agreement, register in the Registry a status report that discloses the fact that the proceedings are stayed or suspended, as the case may be.. Failing to update under section 41 or 42 does not invalidate the writ (CER s. 43) F. Discovering the Debtor’s Assets for Purpose of Enforcing Judgment Identify and locate the enforcement debtor's exigible property for purposes of enforcing judgment Financial report to be provided by enforcement debtor: CER s. 35.10 is mandatory on service of notice may be required annually status report indicating receipt of financial report to be registered by enforcement creditor in PPR and made available to other enforcement creditors upon request + payment of a fee Questioning of enforcement debtor under oath: CER ss. 35.11 - 35.12 is mandatory on service of notice may be required annually (or more often by order of the court)
60+-+Law+514+JEL+CAN.docx