Writ of Seizure and Sale
 60.07 (1) Where an order may be enforced by a writ of seizure and sale, the creditor is entitled to the issue of one or more writs of seizure and sale (Form 60A), on filing with the registrar where the proceeding was commenced a requisition setting out, (a) the date and amount of any payment received since the order was made; and (b) the amount owing and the rate of postjudgment interest, together with a copy of the order as entered and any other evidence necessary to establish the amount awarded and the creditor’s entitlement.  R.R.O. 1990, Reg. 194, r. 60.07 (1); O. Reg. 396/91, s. 12. Electronic Issue of Writ (1.1) Subject to rule 60.20, the creditor may file the requisition referred to in subrule (1) electronically, in which case, (a) neither a copy of the order as entered nor any other evidence is required to be filed with the requisition; and (b) the writ or writs of seizure and sale shall be issued electronically. O. Reg. 43/14, s. 14 (1); O. Reg. 487/16, s. 10 (1). (1.2) If a Minister or body is entitled under an Act of Canada or Ontario to file a document in the Superior Court of Justice and have it entered and enforced as if it were an order of the court, the document may be enforced by one or more writs of seizure and sale without being filed with the court, by the electronic filing with the registrar of a requisition containing the information set out in clauses (1) (a) and (b). O. Reg. 43/14, s. 14 (1). (1.3) On the filing of a requisition under subrule (1.2), (a) the document is deemed to have been entered as an order of the Superior Court of Justice; and (b) the writ or writs of seizure and sale shall be issued electronically. O. Reg. 43/14, s. 14 (1). (1.4) Revoked: O. Reg. 43/14, s. 14 (1). Where Leave is 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 writ of seizure and sale shall not be issued unless leave of the court is first obtained.  O. Reg. 770/92, s. 14. (3) An order granting leave to issue a writ of seizure and sale ceases to have effect if the writ 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.  O. Reg. 770/92, s. 14. Order for Payment into Court (4) Where an order is for the payment of money into court, the writ of seizure and sale shall contain a notice that all money realized by the sheriff under the writ is to be paid into court.  R.R.O. 1990, Reg. 194, r. 60.07 (4). Order for Payment at Future Time (5) Where an order is for payment at or after a specified future time, the writ of seizure and sale shall not be issued until after the expiration of that time.  R.R.O. 1990, Reg. 194, r. 60.07 (5). Filing of Writ with Sheriff (5.1) A writ of seizure and sale may be filed with a sheriff. O. Reg. 43/14, s. 14 (2). (5.2) Subject to rule 60.20, a writ of seizure and sale may be filed electronically, but a writ that is issued electronically shall be filed electronically. O. Reg. 43/14, s. 14 (2); O. Reg. 487/16, s. 10 (2). Error in Writ Issued Electronically (5.3) A creditor who discovers that a writ of seizure and sale that was issued electronically and filed with a sheriff contains an error may, no later than two business days after filing, correct the error by using the software that was used for the issuance of the writ. O. Reg. 43/14, s. 14 (2). Duration and Renewal (6) A writ of seizure and sale remains in force for six years from the date of its issue and for a further six years from each renewal.  R.R.O. 1990, Reg. 194, r. 60.07 (6). (7) Revoked:  O. Reg. 452/98, s. 5 (2). (8) A writ of seizure and sale that is filed with a sheriff may be renewed before its expiration by filing a request to renew (Form 60E) with the sheriff, who shall record the date of renewal.  O. Reg. 452/98, s. 5 (3). (8.1) Subject to rule 60.20, a request to renew may be filed electronically. O. Reg. 43/14, s. 14 (3); O. Reg. 487/16, s. 10 (3). (9) A writ of seizure and sale that is not filed with a sheriff may be renewed before its expiration by filing with the registrar who issued it a requisition to renew the writ, and the registrar shall renew the writ and record the date of renewal.  O. Reg. 452/98, s. 5 (3). Change or Variation of Debtor’s Name (10) Where a debtor named in a writ of seizure and sale, (a) changes his, her or its name after the writ is issued; (b) uses an alias; or (c) uses a variation of spelling of the name, the creditor may on motion made without notice seek a change or variation to the writ.  R.R.O. 1990, Reg. 194, r. 60.07 (10). (11) On a motion referred to in subrule (10), the court may order the sheriff to, (a) amend the writ by adding the words “now or also known as”, followed by the new name of the debtor, the alias or the spelling variation; (b) amend the index of writs to show the new name, the alias or the spelling variation; and (c) if a copy of the writ was sent to the land registrar for filing under the Land Titles Act, send a copy of the amended writ to the land registrar.  R.R.O. 1990, Reg. 194, r. 60.07 (11). (11.1) If the court makes an order under subrule (11), the creditor may, subject to rule 60.20, file the amendments to the writ with the sheriff electronically. O. Reg. 43/14, s. 14 (4); O. Reg. 487/16, s. 10 (4). Writ to Bear Creditor’s Address (12) Every writ of seizure and sale shall bear the name and address of the creditor and the creditor’s lawyer, if any.  R.R.O. 1990, Reg. 194, r. 60.07 (12); O. Reg. 575/07, s. 1. Change of Address (12.1) If the address of the creditor or the creditor’s lawyer changes after the writ is issued and has been filed with the sheriff, the creditor shall file with the sheriff a requisition containing the new address and a request to change the address for the writ. O. Reg. 43/14, s. 14 (5). Assignment of Writ (12.2) If a writ of seizure and sale is assigned to another creditor after the writ has been filed with the sheriff, the new creditor shall file with the sheriff a requisition containing the name and address of the new creditor and that of his or her lawyer, if any, and a request to change the creditor’s information for the writ due to an assignment. O. Reg. 43/14, s. 14 (5). Electronic Filing for Change of Address, Assignment (12.3) Subject to rule 60.20, a requisition under subrule (12.1) or (12.2) may be filed electronically. O. Reg. 43/14, s. 14 (5); O. Reg. 487/16, s. 10 (5). Confirmation of Assignment (12.4) In order to confirm whether a request under subrule (12.2) is properly made, the sheriff may require the new creditor to provide to the sheriff, in the manner and within the time the sheriff specifies, a copy of the document providing for the assignment of the writ. O. Reg. 43/14, s. 14 (5). (12.5) If the creditor fails to comply with subrule (12.4), the sheriff may refuse the request to change the creditor’s information for the writ or may reverse the change, as the case may be. O. Reg. 43/14, s. 14 (5). Direction to Enforce (13) Where an order may be enforced by a writ of seizure and sale, a creditor who has filed a writ of seizure and sale with a sheriff may file with the sheriff a copy of the order as entered, together with a direction to enforce (Form 60F) setting out, (a) the date of the order and the amount awarded; (b) the rate of postjudgment interest payable; (c) the costs of enforcement to which the creditor is entitled under rule 60.19; (d) the date and amount of any payment received since the order was made; and (e) the amount owing, including postjudgment interest, and directing the sheriff to enforce the writ for the amount owing, subsequent interest and the sheriff’s fees and expenses.  R.R.O. 1990, Reg. 194, r. 60.07 (13); O. Reg. 452/98, s. 5 (5). (13.0.1) Subject to rule 60.20, the creditor may file the direction to enforce referred to in subrule (13) electronically, in which case a copy of the order as entered is not required to be filed with the direction to enforce. O. Reg. 43/14, s. 14 (6); O. Reg. 487/16, s. 10 (6). Sheriff may Decline to Enforce (13.1) The sheriff may decline to enforce the writ of seizure and sale, and the creditor may make a motion to the court for directions, where the sheriff is uncertain whether the writ of seizure and sale has been properly issued or filed.  O. Reg. 288/99, s. 19 (2). Confirmation of Writ Filed Electronically (13.2) In order to confirm whether a writ of seizure and sale filed with a sheriff electronically has been properly issued or filed, the sheriff may require the creditor to provide to the sheriff, in the manner and within the time the sheriff specifies, a copy of the order being enforced by the writ. O. Reg. 43/14, s. 14 (6). (13.3) The sheriff may withdraw an electronically filed writ of seizure and sale if, (a) the sheriff determines that the writ was improperly issued or filed; or (b) the creditor fails to comply with subrule (13.2). O. Reg. 43/14, s. 14 (6). (13.4) A writ may be withdrawn under subrule (13.3) at any time during its enforcement. O. Reg. 43/14, s. 14 (6). (13.5) If the sheriff makes a determination that a writ of seizure and sale filed with the sheriff electronically was properly issued or filed but contains an error or otherwise differs from the order to which the writ relates, the sheriff may correct the writ to make it consistent with the order. O. Reg. 43/14, s. 14 (6). (13.6) The sheriff shall give notice of a withdrawal under subrule (13.3) or a correction under subrule (13.5) to the creditor, by mail addressed to the creditor at the address indicated for the writ. O. Reg. 43/14, s. 14 (6). Property in Hands of Receiver (14) A writ of seizure and sale shall not be enforced against property in the hands of a receiver appointed by a court.  R.R.O. 1990, Reg. 194, r. 60.07 (14). Seizure of Personal Property (15) Where personal property is seized under a writ of seizure and sale, the sheriff shall, on request, deliver an inventory of the property seized to the debtor or the debtor’s agent or employee before or, where this is not practicable, within a reasonable time after the property is removed from the premises on which it was seized.  R.R.O. 1990, Reg. 194, r. 60.07 (15). Sale of Personal Property (16) Personal property seized under a writ of seizure and sale shall not be sold by the sheriff unless notice of the time and place of the sale has been, (a) mailed to the creditor at the address shown on the writ or the creditor’s lawyer and to the debtor at the debtor’s last known address, at least ten days before the sale; and (b) published in a newspaper of general circulation in the place where the property was seized.  R.R.O. 1990, Reg. 194, r. 60.07 (16); O. Reg. 575/07, s. 1. Sale of Land (17) A creditor may not take any step to sell land under a writ of seizure and sale until four months after the writ was filed with the sheriff or, where the writ has been withdrawn, four months after the writ was re-filed.  R.R.O. 1990, Reg. 194, r. 60.07 (17). (18) No sale of land under a writ of seizure and sale may be held until six months after the writ was filed with the sheriff or, where the writ has been withdrawn, six months after the writ was re-filed.  R.R.O. 1990, Reg. 194, r. 60.07 (18). (19) A sale of land shall not be held under a writ of seizure and sale unless notice of the time and place of sale has been, (a) mailed to the creditor at the address shown on the writ or to the creditor’s lawyer and to the debtor at the debtor’s last known address, at least thirty days before the sale; (b) published in The Ontario Gazette once at least thirty days before the sale and in a newspaper of general circulation in the place where the land is situate, once each week for two successive weeks, the last notice to be published not less than one week nor more than three weeks before the date of sale; and (c) posted in a conspicuous place in the sheriff’s office for at least thirty days before the sale.  R.R.O. 1990, Reg. 194, r. 60.07 (19); O. Reg. 575/07, s. 1. (20) The notice shall set out, (a) a short description of the property to be sold; (b) the short title of the proceeding; (c) the time and place of the intended sale; and (d) the name of the debtor whose interest is to be sold.  R.R.O. 1990, Reg. 194, r. 60.07 (20). (21) The sheriff may adjourn a sale to a later date where the sheriff considers it necessary in order to realize the best price that can be obtained in all the circumstances, and where the sale is adjourned, it may be conducted on the later date with such further notice, if any, as the sheriff considers advisable.  R.R.O. 1990, Reg. 194, r. 60.07 (21). (22) Where notice of a sale of land under a writ of seizure and sale is published in The Ontario Gazette before the writ expires, the sale may be completed by a sale and transfer of the land after the writ expires.  R.R.O. 1990, Reg. 194, r. 60.07 (22). Abortive Sale (23) Where personal property or land seized under a writ of seizure and sale remains unsold for want of buyers, the sheriff shall notify the creditor of the date and place of the attempted sale and of any other relevant circumstances.  R.R.O. 1990, Reg. 194, r. 60.07 (23). (24) On receipt of a notice under subrule (23), the creditor may instruct the sheriff in writing to sell the personal property or land in such manner as the sheriff considers will realize the best price that can be obtained.  R.R.O. 1990, Reg. 194, r. 60.07 (24). Documents Issued, Filed Electronically (25) Despite subrule 4.05 (8), the authorized software used for the electronic issuance or filing of documents under this rule may provide that a document issued or filed electronically outside of regular business hours was issued or filed on the actual day of issuance or filing. O. Reg. 487/16, s. 10 (7). Documents Directed to Sheriff under an Act Application of Rules 60.07.1 (1) These rules, other than subrule 60.07 (13), apply, with necessary modifications, to a warrant or other document that is issued by a Minister or body under an Act and directed to a sheriff, as if the document were a writ of seizure and sale. O. Reg. 43/14, s. 15. Direction to Enforce (2) If the Minister or body files the document with the sheriff, the Minister or body may have the document enforced by filing with the sheriff a direction to enforce, directing the sheriff to enforce the document for the amount owing, subsequent interest and the sheriff’s fees and expenses, and setting out, (a) the amount owing under the document as issued and the date of issuance; (b) the rate of interest payable; (c) the date and amount of any payment received since the document was issued; and (d) the amount owing under the document, including interest. O. Reg. 43/14, s. 15. Electronic Filing (3) The direction to enforce may be filed electronically. O. Reg. 43/14, s. 15. Garnishment Where Available 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).