C.C.S.M. c. E160
The Executions Act
PART 1 | ||
DEFINITIONS | ||
1 | (1) | Definitions |
(2) | Registered common-law relationship | |
PART 2 | ||
GENERAL | ||
2 | Sheriff shall endorse writs and orders of attachment | |
2.1 | Writ of execution expires in two years | |
3 | Priority of wages of employees after seizure of property | |
4 | Privilege extends to all terms of hiring | |
5 | (1) | Effect of writ on goods and chattels |
(2) | Exclusions | |
(3) | ||
6 | Equity of redemption or other interest may be seized | |
7 | (1) | Money, securities and instruments subject to seizure |
(2) | Nature of interest in real property mortgages | |
(3) | Sale of securities by sheriff | |
(4) | Effect of sale by sheriff | |
(5) | Registration of assignment | |
(6) | Exception | |
(7) | Definitions | |
8 | (1) | Definitions |
(2) | Seizure of judgment debtor's interest in securities and security entitlements | |
(3) | When seizure becomes effective | |
9 | (1) | Sheriff may deal with seized interests in securities and security entitlements |
(2) | How sheriff may deal with seized interests | |
(3) | Sheriff to provide certificate to issuer or securities intermediary | |
9.1 | (1) | Definition |
(2) | Restrictions on transfer of seized security | |
(3) | Application | |
(4) | Person entitled to acquire or redeem security | |
(5) | Court may make orders | |
(6) | Application made under Corporations Act | |
(7) | Joining applications | |
(8) | Person deemed to be party to unanimous shareholder agreement | |
(9) | Person acquiring or taking seized security not liable | |
10 to 15 | Repealed | |
16 | (1) | Sheriff to provide inventory of seized property |
(2) | Sheriff to give notice before disposing of property | |
(3) | Sheriff may appoint agent | |
17 | Return where property in sheriff's hands unsold | |
18 | Application of sections 19 to 22 | |
19 | Priority of writs of execution | |
19.1 | (1) | Priority for maintenance orders |
(2) | Amendment of writs permitted | |
(3) | Notice from sheriff of opportunity to amend writ | |
19.2 | Definitions | |
19.3 | Priority for recognizance orders, restitution and fines | |
20 | (1) | Sheriff to give notice of money realized |
(2) | No notice required | |
(3) | Cost of notice | |
(4) | Distribution of money 14 days after notice | |
21 | Failure to give notice | |
22 | (1) | Distribution in certain cases to be delayed by judge |
(2) | Distribution in part | |
23 | (1) | Exempt property |
(2) | Sale price of chattel in excess of value exemption | |
24 | Exemptions apply to dependant | |
25 | Insurance on exemptions to be also exempt | |
26 | (1) | Annuities under Government Annuities Act (Can.) |
(2) | Saving | |
27 | Partnership exemptions | |
28 | Exemptions not available to corporation | |
29 | Exemptions do not apply to parties removing from province | |
30 | Debtor to have choice | |
31 | (1) | Exceptions in case of actions for purchase price |
(2) | Chattels purchased to defeat creditors | |
32 | (1) | When growing crops may be sold |
(2) | Choice as to sale of grain | |
33 | Execution with respect to materials furnished for building | |
34 | Property exempt by this Act not to be seized | |
35 | Exemptions cannot be abandoned | |
36 | Seizure and sale of mobile home | |
37 | (1) | Summary disposal of disputes |
(2) | Order of judge | |
38 | Indemnification of sheriff | |
39 | ||
PART 3 | ||
CIVIL ENFORCEMENT AGENCIES | ||
40 | Definitions | |
41 | (1) | Agreement to authorize agency |
(2) | Content of agreement | |
42 | (1) | Sheriff may appoint individuals as bailiffs |
(2) | Agency to use only civil enforcement bailiffs | |
(3) | Bailiff's manner of carrying out proceedings | |
43 | Agency may carry out proceeding in place of sheriff | |
44 | (1) | Agency and bailiff are not Crown agent or employee |
(2) | Crown and sheriff not liable | |
45 | Regulations | |
AFFIDAVIT OF CLAIM | ||
A.B. , claimant, vs. C.D. , defendant. | ||
NOTICE TO JUDGMENT DEBTOR |