Federal Courts Rules (SOR/98-106)

Marginal note:Advance or security required

438. Before executing a writ of execution, a sheriff to whom the writ is directed may require the person at whose instance it was issued to make an advance, or to give security, sufficient to cover the costs of execution.

Marginal note:Notice to sheriff

• 439. (1) A person at whose instance a writ of execution is issued may serve a notice on the sheriff to whom the writ is directed requiring the sheriff, within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which the sheriff has executed it and to send a copy of the statement to the person.

• Marginal note:Order to sheriff to comply

  (2) Where a sheriff fails to comply with a notice served under subsection (1), the person by whom it was served may apply to the Court for an order directing the sheriff to comply with the notice.

• Marginal note:Directions from Court

  (3) A sheriff may seek directions from the Court concerning any issue not addressed by these Rules that arises from the enforcement of an order.

Marginal note:Multiple writs for single order

440. Writs of execution of different types may be issued to enforce a single order, where the terms of the order so require.

Marginal note:Leave to issue writ of sequestration

• 441. (1) No writ of sequestration shall be issued without leave of a judge.

• Marginal note:Personal service of notice

  (2) Notice of a motion for leave to issue a writ of sequestration shall be personally served on the person against whose property it is sought to issue the writ.

Marginal note:Multiple writs of seizure and sale

• 442. (1) A person who is entitled to enforce an order by a writ of seizure and sale may request the issuance of two or more such writs directed to the sheriffs of different geographical areas, either at the same time or at different times, to enforce the order, but no greater total amount shall be levied under all such writs than would be authorized to be levied under a single writ.

• Marginal note:Different geographical areas

  (2) Where a person requests the issuance of two or more writs of seizure and sale directed to sheriffs of different geographical areas to enforce the same order, the person shall inform each sheriff of the issuance of the other writ or writs.

Marginal note:Second writ where sum unascertained

443. Where the payment of an ascertained sum of money and an unascertained sum of money or costs is ordered, if, at the time when the ascertained sum becomes payable, the unascertained sum or costs have not been assessed, the person who is entitled to enforce the order may request the issuance of a writ of seizure and sale to enforce payment of the ascertained sum and, after the unascertained sum or costs have been assessed, may request the issuance of a second writ to enforce payment thereof.