Federal Courts Rules (SOR/98-106)

Marginal note:Non-performance of condition precedent

432. Where a person who is entitled to relief under an order subject to the fulfilment of a condition fails to fulfil that condition, the person is deemed to have abandoned the benefit of the order and, unless the Court orders otherwise, any other interested person may take any step that is warranted by the order or that might have been taken if the order had not been made.

Marginal note:Requisition for writ of execution

• 433. (1) Subject to subsection (2) and rules 434 and 435, a person entitled to execution may obtain a writ of execution by filing a requisition for its issuance.

• Marginal note:When writ may be issued

  (2) A writ of execution shall be issued only if, at the time a requisition therefor is filed, any period specified in the order for the payment of money or for the doing of an act required under the order has expired.

• Marginal note:Endorsement on writ

  (3) A writ of execution for the recovery of money shall be endorsed with a direction to the sheriff to levy

  • (a) the amount of money due and payable that is sought to be recovered;

  • (b) any interest thereon that is sought to be recovered, from the date of the order; and

  • (c) any sheriff's fees and costs of execution.

Marginal note:Limitation on issuance

• 434. (1) A writ of execution to enforce an order shall not be issued without the leave of the Court if

  • (a) six or more years have elapsed since the date of the order;

  • (b) a change has taken place, by death or otherwise, in the persons entitled or liable to execution under the order;

  • (c) under the order a person is entitled to relief subject to the fulfilment of a condition that is alleged to have been fulfilled; or

  • (d) any personal property or movables sought to be seized under the writ are in the possession of a receiver appointed by the Court or of a sequestrator.

• Marginal note:Period of validity of order

  (2) An order granting leave under subsection (1) expires one year after it is made.

Marginal note:Leave to issue writ in aid

435. A writ of execution in aid of another writ of execution shall not be issued without the leave of the Court.

Marginal note:Ex parte motion for leave to issue writ

436. A motion for leave to issue a writ of execution under subsection 434(1) or rule 435 may be made ex parte.

Marginal note:Period of validity of writ

• 437. (1) A writ of execution is valid for six years after its date of issuance.

• Marginal note:Extension of validity of writ

  (2) On motion, where a writ has not been wholly executed, the Court may, before the writ would otherwise expire, order that the validity of the writ, including a writ the validity of which has previously been extended, be extended for a further period of six years.

• Marginal note:Conditions for execution of extended writ

  (3) Before execution of a writ the validity of which has been extended by an order under subsection (2),

  • (a) the writ shall be endorsed with a notice setting out the date on which the order was made; or

  • (b) the moving party shall serve a certified copy of the order on the sheriff to whom the writ is directed.

• Marginal note:Effect of extended writ

  (4) A writ the validity of which has been extended under subsection (2) continues without interruption.