Garnishment
 60.08 (1) A creditor under an order for the payment or recovery of money may enforce it by garnishment of debts payable to the debtor by other persons.  R.R.O. 1990, Reg. 194, r. 60.08 (1). Joint Debts Garnishable (1.1) Where a debt is payable to the debtor and to one or more co-owners, one-half of the indebtedness or a greater or lesser amount specified in an order made under subrule (16) may be garnished.  O. Reg. 171/98, s. 21. Where Leave Required (2) If six years or more have elapsed since the date of the order, or if its enforcement is subject to a condition, a notice of garnishment shall not be issued unless leave of the court is first obtained.  R.R.O. 1990, Reg. 194, r. 60.08 (2). (3) An order granting leave to issue a notice of garnishment ceases to have effect if the notice is not issued within one year after the date of the order granting leave, but the court may grant leave again on a subsequent motion.  R.R.O. 1990, Reg. 194, r. 60.08 (3). Renewal (3.1) A notice of renewal of garnishment may be issued under subrule (6.4) without leave of the court before the original notice of garnishment or any subsequent notice of renewal of garnishment expires.  O. Reg. 14/04, s. 26; O. Reg. 186/10, s. 5. Obtaining Notice of Garnishment (4) A creditor under an order for the payment or recovery of money who seeks to enforce it by garnishment shall file with the registrar where the proceeding was commenced a requisition for garnishment (Form 60G) together with a copy of the order as entered, any other evidence necessary to establish the amount awarded and the creditor’s entitlement, and an affidavit stating, (a) the date and amount of any payment received since the order was made; (b) the amount owing, including postjudgment interest; (c) details of how the amount owing and the postjudgment interest are calculated; (c.1) the address of the debtor; (d) the name and address of each person to whom a notice of garnishment is to be directed; (e) that the creditor believes that those persons are or will become indebted to the debtor and the grounds for the belief; (f) such particulars of the debts as are known to the creditor; (g) where a person to whom a notice of garnishment is to be directed is not in Ontario, that the debtor is entitled to sue that person in Ontario to recover the debt, and the basis of entitlement to sue in Ontario; and (h) where a person to whom a notice of garnishment is to be directed is not then indebted but will become indebted to the debtor, such particulars of the date on and the circumstances under which the debt will arise as are known to the creditor.  R.R.O. 1990, Reg. 194, r. 60.08 (4), O. Reg. 535/92, s. 13. (5) The affidavit required by subrule (4) may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit.  R.R.O. 1990, Reg. 194, r. 60.08 (5). (6) On the filing of the requisition and affidavit required by subrule (4), the registrar shall issue notices of garnishment (Form 60H) naming as garnishees the persons named in the affidavit and shall send a copy of each notice of garnishment to the sheriff of the county in which the debtor resides or, if the debtor resides outside Ontario, to the sheriff of the county in which the proceeding was commenced.  R.R.O. 1990, Reg. 194, r. 60.08 (6). (6.1) A notice of garnishment issued under subrule (6) shall name one debtor and one garnishee.  O. Reg. 534/95, s. 2. Duration and Renewal (6.2) A notice of garnishment remains in force for six years from the date of its issue and for a further six years from each renewal.  O. Reg. 14/04, s. 26. (6.3) A notice of garnishment may be renewed before its expiration by filing with the registrar where the proceeding was commenced a requisition for renewal of garnishment (Form 60G.1) together with the affidavit required by subrule (4).  O. Reg. 14/04, s. 26. (6.4) On the filing of the requisition and affidavit required by subrule (6.3), the registrar shall issue notices of renewal of garnishment (Form 60H.1) naming as garnishees the persons named in the affidavit and shall send a copy of each notice of renewal of garnishment to the sheriff of the county in which the debtor resides or, if the debtor resides outside Ontario, to the sheriff of the county in which the proceeding was commenced.  O. Reg. 14/04, s. 26. (6.5) The provisions of these rules that apply with respect to notices of garnishment also apply with respect to notices of renewal of garnishment.  O. Reg. 14/04, s. 26. Service of Notice of Garnishment (7) The creditor shall serve the notice of garnishment, (a) on the debtor, together with a copy of the affidavit required by subrule (4); and (b) on the garnishee, with a blank garnishee’s statement (Form 60I) attached.  R.R.O. 1990, Reg. 194, r. 60.08 (7). (8) The notice of garnishment shall be served by ordinary mail, or by personal service or an alternative to personal service under rule 16.03.  R.R.O. 1990, Reg. 194, r. 60.08 (8). (9) A notice of garnishment may be served outside Ontario if the debtor would be entitled to sue the garnishee in Ontario to recover the debt.  R.R.O. 1990, Reg. 194, r. 60.08 (9). (10) If the garnishee is a financial institution, the notice of garnishment and all further notices required to be served under this rule shall be served at the branch at which the debt is payable.  O. Reg. 54/03, s. 1 (1); O. Reg. 131/04, s. 16 (1). (10.1) Revoked:  O. Reg. 131/04, s. 16 (2). Garnishee Liable from Time of Service (11) The garnishee is liable to pay to the sheriff any debt of the garnishee to the debtor, up to the amount shown in the notice of garnishment or supplementary notice of garnishment, less $10 for the cost of making each payment, within ten days after service on the garnishee or ten days after the debt becomes payable, whichever is later.  R.R.O. 1990, Reg. 194, r. 60.08 (11). (12) For the purposes of subrule (11), a debt of the garnishee to the debtor includes, (a) a debt payable at the time the notice of garnishment is served; and (b) a debt payable (whether absolutely or on the fulfilment of a condition) after the notice is served and within six years after it is issued.  O. Reg. 394/09, s. 23. (13) For the purposes of subrule (11), a debt of the garnishee to the debtor does not include, (a) if the garnishee is a financial institution, money in an account opened after the notice of garnishment is served; (b) if the garnishee is an employer, a debt arising out of employment that commences after the notice is served; or (c) if the garnishee is an insurer, a debt payable under an insurance policy that is entered into after the notice is served.  R.R.O. 1990, Reg. 194, r. 60.08 (13); O. Reg. 54/03, s. 1 (2). Payment by Garnishee to Sheriff (14) A garnishee who admits owing a debt to the debtor shall pay it to the sheriff in the manner prescribed by the notice of garnishment, subject to section 7 of the Wages Act.  R.R.O. 1990, Reg. 194, r. 60.08 (14). When Garnishee Must Serve Statement (15) A garnishee who wishes for any reason to dispute the garnishment or who pays to the sheriff less than the amount set out in the notice of garnishment because the debt is owed to the debtor and to one or more co-owners or for any other reason shall, within 10 days after service of the notice of garnishment, serve on the creditor and the debtor and file with the court a garnishee’s statement (Form 60I) setting out the particulars.  O. Reg. 536/96, s. 6 (2). Notice to Co-owner of the Debt (15.1) When a creditor is served with a garnishee’s statement that indicates that the debt is owed to the debtor and to one or more co-owners, the creditor shall forthwith serve the co-owners with a notice to co-owner of the debt (Form 60I.1) and a copy of the garnishee’s statement.  O. Reg. 536/96, s. 6 (2). (15.2) The notice to co-owner of the debt and the copy of the garnishee’s statement shall be served by personal service or an alternative to personal service under rule 16.03.  O. Reg. 536/96, s. 6 (2). Garnishment Hearing (16) On motion by a creditor, debtor, garnishee, co-owner of the debt or any other interested person, the court may, (a) where it is alleged that the debt of the garnishee to the debtor has been assigned or encumbered, order the assignee or encumbrancer to appear and state the nature and particulars of the claim; (b) determine the rights and liabilities of the garnishee, the debtor, any co-owner of the debt and any assignee or encumbrancer; (c) vary or suspend periodic payments under a notice of garnishment; or (d) determine any other matter in relation to a notice of garnishment, and the court may proceed in a summary manner, but where the motion is made to an associate judge and raises a genuine issue of fact or of law, it shall be adjourned to be heard by a judge.  R.R.O. 1990, Reg. 194, r. 60.08 (16); O. Reg. 536/96, s. 6 (3); O. Reg. 711/20, s. 7; O. Reg. 383/21, s. 15. (16.1) A copy of a notice of motion for a garnishment hearing shall be served on the sheriff by ordinary mail, or by personal service or an alternative to personal service under rule 16.03.  O. Reg. 536/96, s. 6 (4). Time for Motion (16.2) A person who has been served with a notice to co-owner is not entitled to dispute the enforcement of the creditor’s order for the payment or recovery of money or a payment made in accordance with the Creditors’ Relief Act, 2010
unless the person moves for a garnishment hearing within 30 days after being served with the notice.  O. Reg. 536/96, s. 6 (4); O. Reg. 55/12, s. 6. Enforcement against Garnishee (17) Where the garnishee does not pay to the sheriff the amount set out in the notice of garnishment as owing by the garnishee to the debtor and does not serve and file a garnishee’s statement, the creditor is entitled on motion to the court, on notice to the garnishee, to an order against the garnishee for payment of the amount that the court finds is payable to the debtor by the garnishee, or the amount set out in the notice, whichever is less.  R.R.O. 1990, Reg. 194, r. 60.08 (17). Payment by Garnishee to Person other than Sheriff (18) Where, after service of a notice of garnishment, the garnishee pays a debt attached by the notice to a person other than the sheriff, the garnishee remains liable to pay the debt in accordance with the notice.  R.R.O. 1990, Reg. 194, r. 60.08 (18). Effect of Payment to Sheriff (19) Payment of a debt by a garnishee in accordance with a notice of garnishment is a valid discharge of the debt, as between the garnishee and the debtor, and any co-owner of the debt, to the extent of the payment, including the amount deducted for the cost of making payment under subrule (11).  R.R.O. 1990, Reg. 194, r. 60.08 (19); O. Reg. 536/96, s. 6 (5). Creditor to Give Notice when Order Satisfied (20) When the amount owing under an order that is enforced by garnishment has been paid, the creditor shall forthwith serve a notice of termination of garnishment (Form 60J) on the garnishee and on the sheriff.  R.R.O. 1990, Reg. 194, r. 60.08 (20). Payment when Debt Jointly Owned (21) Where a payment of a debt owed to the debtor and one or more co-owners has been made to the sheriff, no notice of motion for a garnishment hearing is delivered and the time for doing so has expired, the creditor may file with the sheriff, within 30 days thereafter, (a) proof of service of the notice to co-owner; and (b) an affidavit stating that the creditor believes that no co-owner of the debt is a person under disability and the grounds for the belief.  O. Reg. 536/96, s. 6 (6). (22) The affidavit required by subrule (21) may contain statements of the deponent’s information and belief, if the source of the information and the fact of the belief are specified in the affidavit.  O. Reg. 536/96, s. 6 (6). (23) Where the creditor does not file the material referred to in subrule (21), the sheriff shall return the money to the garnishee.  O. Reg. 536/96, s. 6 (6). Writ of Sequestration Leave Required 60.09 (1) A writ of sequestration (Form 60B), directing a sheriff to take possession of and hold the property of a person against whom an order has been made and to collect and hold any income from the property until the person complies with the order, may be issued only with leave of the court, obtained on motion.  R.R.O. 1990, Reg. 194, r. 60.09 (1). (2) The court may grant leave to issue a writ of sequestration only where it is satisfied that other enforcement measures are or are likely to be ineffective.  R.R.O. 1990, Reg. 194, r. 60.09 (2). (3) In granting leave to issue a writ of sequestration, the court may order that the writ be enforced against all or part of the person’s real and personal property.  R.R.O. 1990, Reg. 194, r. 60.09 (3). Variation or Discharge (4) The court on motion may discharge or vary a writ of sequestration on such terms as are just.  R.R.O. 1990, Reg. 194, r. 60.09 (4). Writ of Possession Leave Required 60.10 (1) A writ of possession (Form 60C) may be issued only with leave of the court, obtained on motion without notice or at the time an order entitling a party to possession is made.  R.R.O. 1990, Reg. 194, r. 60.10 (1). (2) The court may grant leave to issue a writ of possession only where it is satisfied that all persons in actual possession of any part of the land have received sufficient notice of the proceeding in which the order was obtained to have enabled them to apply to the court for relief.  R.R.O. 1990, Reg. 194, r. 60.10 (2). Duration (3) A writ of possession remains in force for one year from the date of the order authorizing its issue, and may, before its expiry, be renewed by order for a period of one year from each renewal.  R.R.O. 1990, Reg. 194, r. 60.10 (3). Contempt Order Motion for Contempt Order 60.11 (1) A contempt order to enforce an order requiring a person to do an act, other than the payment of money, or to abstain from doing an act, may be obtained only on motion to a judge in the proceeding in which the order to be enforced was made.  R.R.O. 1990, Reg. 194, r. 60.11 (1). (2) The notice of motion shall be served personally on the person against whom a contempt order is sought, and not by an alternative to personal service, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 60.11 (2). (3) An affidavit in support of a motion for a contempt order may contain statements of the deponent’s information and belief only with respect to facts that are not contentious, and the source of the information and the fact of the belief shall be specified in the affidavit.  R.R.O. 1990, Reg. 194, r. 60.11 (3). Warrant for Arrest (4) A judge may issue a warrant (Form 60K) for the arrest of the person against whom a contempt order is sought where the judge is of the opinion that the person’s attendance at the hearing is necessary in the interest of justice and it appears that the person is not likely to attend voluntarily.  R.R.O. 1990, Reg. 194, r. 60.11 (4). Content of Order (5) In disposing of a motion under subrule (1), the judge may make such order as is just, and where a finding of contempt is made, the judge may order that the person in contempt, (a) be imprisoned for such period and on such terms as are just; (b) be imprisoned if the person fails to comply with a term of the order; (c) pay a fine; (d) do or refrain from doing an act; (e) pay such costs as are just; and (f) comply with any other order that the judge considers necessary, and may grant leave to issue a writ of sequestration under rule 60.09 against the person’s property.  R.R.O. 1990, Reg. 194, r. 60.11 (5). Where Corporation is in Contempt (6) Where a corporation is in contempt, the judge may also make an order under subrule (5) against any officer or director of the corporation and may grant leave to issue a writ of sequestration under rule 60.09 against his or her property.  R.R.O. 1990, Reg. 194, r. 60.11 (6). Warrant of Committal (7) An order under subrule (5) for imprisonment may be enforced by the issue of a warrant of committal (Form 60L).  R.R.O. 1990, Reg. 194, r. 60.11 (7). Discharging or Setting Aside Contempt Order (8) On motion, a judge may discharge, set aside, vary or give directions in respect of an order under subrule (5) or (6) and may grant such other relief and make such other order as is just.  R.R.O. 1990, Reg. 194, r. 60.11 (8). Order that Act be done by Another Person (9) Where a person fails to comply with an order requiring the doing of an act, other than the payment of money, a judge on motion may, instead of or in addition to making a contempt order, order the act to be done, at the expense of the disobedient person, by the party enforcing the order or any other person appointed by the judge.  R.R.O. 1990, Reg. 194, r. 60.11 (9). (10) The party enforcing the order and any person appointed by the judge are entitled to the costs of the motion under subrule (9) and the expenses incurred in doing the act ordered to be done, fixed by the judge or assessed by an assessment officer in accordance with Rule 58.  R.R.O. 1990, Reg. 194, r. 60.11 (10).