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Writ of Delivery: Enforcement of Order to Return Property
Question: What is a Writ of Delivery (Form 20B) and how is it used in Canada?
Answer: A Writ of Delivery (Form 20B) is a legal document used in Canada to enforce a court order for the return of specific personal property to the rightful owner, typically known as the Creditor. This process involves an enforcement officer, such as a Sheriff or Bailiff, locating and seizing the specified items to return them to the Creditor. The Writ is particularly crucial in cases of repossessing leased equipment or recovering assets after contractual disputes. At Rules of the Small Claims Court, O. Reg. 258/98, it outlines the procedural requirements, ensuring the rightful party receives accurate legal enforcement. For those facing challenges in recovering personal property, obtaining a Writ of Delivery can be a pivotal legal step. For personalized assistance in navigating the complexities of such legal proceedings, consider reaching out to Defend-it Legal Services at (289) 275-3513 for guidance tailored to your situation.
Return of Property
A Writ of Delivery (Form 20B) is used to enforce an Order for the return of specific personal property to the rightful party – being known as the Creditor within enforcement proceedings. The Writ of Delivery (Form 20B) is often used in situations such as for the return of leased equipment, for repossession of financed goods, or for recovery of disputed assets following a contractual disagreement.
The Writ of Delivery (Form 20B) directs the enforcement officer (typically a Sheriff or Bailiff) to take possession of the property specified within the Order and to deliver the property to the Creditor. Enforcement officers execute the Writ by locating the specified property, verifying the identity of the property, and ensuring that the property is safely stored until transferred to the Creditor. The process can present challenges, such as when dealing with unco-operative parties or when locating the specific property is difficult or when the specific property is difficult to identify.
The Writ of Delivery (Form 20B) is typically used when a Judgment requires the return of items rather than monetary compensation. If recovery of the property specified is unenforceable, such as when the property was sold to a third party, lost, or destroyed, the Writ of Delivery (Form 20B) may also include a provision for the enforcement of a monetary amount equivalent to the value of the specified property. Determining the value of the property may involve appraisal or consideration of market value, depending upon the nature of the specific property asset.
With respect to a Writ of Delivery (Form 20B), the Rules of the Small Claims Court, O. Reg. 258/98, specifically state:
Delivery of Personal Property
20.05 (1) An order for the delivery of personal property may be enforced by a writ of delivery (Form 20B) issued by the clerk to a bailiff, on the request of the person in whose favour the order was made, supported by an affidavit of that person or someone acting on that person’s authority stating that the property has not been delivered.
Seizure of Other Personal Property
(2) If the property referred to in a writ of delivery cannot be found or taken by the bailiff, the person in whose favour the order was made may make a motion to the court for an order directing the bailiff to seize any other personal property of the person against whom the order was made.
(3) Unless the court orders otherwise, the bailiff shall keep personal property seized under subrule (2) until the court makes a further order for its disposition.
Storage Costs
(4) The person in whose favour the order is made shall pay the bailiff’s storage costs, in advance and from time to time; if the person fails to do so, the seizure shall be deemed to be abandoned.
Preparing the Writ of Delivery (Form 20B) document is relatively straightforward. The document must include essential details such as the description of the property to be recovered, the parties involved, and the terms of the original Order.
Concerns
It is important to avoid common pitfalls such as incomplete or incorrect information, as these errors can delay enforcement. Once the Writ of Delivery (Form 20B) document is prepared, copies are provided to the Court Clerk. The Court Clerk will then complete the Writ of Delivery (Form 20B) by checking the box (“☐”) regarding the Court granting the use of reasonable force as well as attaching a copy of the respective Order. The authority to use reasonable force is significant, as the Writ of Delivery (Form 20B) allows enforcement officers to ensure compliance, but the Writ of Delivery (Form 20B) also comes with strict legal limitations to prevent abuse. Understanding these limitations is crucial.
Conclusion
The Writ of Delivery process provides a pivotal step in recovering a specific chattel. Commencing the Writ of Delivery procedure provides a legal means to force the return of property in accordance with a mandate stated within a Judgment.
