20.09
 20.09 (1) A debtor against whom there are two or more unsatisfied orders for the payment of money may make a motion to the court for a consolidation order.  O. Reg. 258/98, r. 20.09 (1). (2) The debtor’s notice of motion and supporting affidavit (Form 15A) shall set out, in the affidavit portion, (a)  the names and addresses of the creditors who have obtained an order for the payment of money against the debtor; (b)  the amount owed to each creditor; (c)  the amount of the debtor’s income from all sources, identifying them; and (d)  the debtor’s current financial obligations and any other relevant facts.  O. Reg. 258/98, r. 20.09 (2); O. Reg. 393/09, s. 21 (1). Notice of Motion (3) For the purposes of clause 15.01 (3) (a), the notice of motion and supporting affidavit shall be served on each of the creditors mentioned in it at least seven days before the hearing date.  O. Reg. 393/09, s. 21 (2). Contents of Consolidation Order (4) At the hearing of the motion, the court may make a consolidation order setting out, (a)  a list of unsatisfied orders for the payment of money against the debtor, indicating in each case the date, court and amount and the amount unpaid; (b)  the amounts to be paid into court by the debtor under the consolidation order; and (c)  the times of the payments.  O. Reg. 258/98, r. 20.09 (4). (5) The total of the amounts to be paid into court by the debtor under a consolidation order shall not exceed the portion of the debtor’s wages that are subject to seizure or garnishment under section 7 of the Wages Act.  O. Reg. 78/06, s. 46 (1). Creditor May Make Submissions (6) At the hearing of the motion, a creditor may make submissions as to the amount and times of payment.  O. Reg. 258/98, r. 20.09 (6). Further Orders Obtained After Consolidation Order (7) If an order for the payment of money is obtained against the debtor after the date of the consolidation order for a debt incurred before the date of the consolidation order, the creditor may file with the clerk a certified copy of the new order; the creditor shall be added to the consolidation order and shall share in the distribution under it from that time.  O. Reg. 258/98, r. 20.09 (7). (8) A consolidation order terminates immediately if an order for the payment of money is obtained against the debtor for a debt incurred after the date of the consolidation order.  O. Reg. 258/98, r. 20.09 (8). Enforcement Limited While Consolidation Order in Force (9) While the consolidation order is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff.  O. Reg. 258/98, r. 20.09 (9). Termination on Default (10) A consolidation order terminates immediately if the debtor is in default under it for 21 days.  O. Reg. 258/98, r. 20.09 (10). Effect of Termination (11) If a consolidation order terminates under subrule (8) or (10), the clerk shall notify the creditors named in the consolidation order, and no further consolidation order shall be made in respect of the debtor for one year after the date of termination.  O. Reg. 258/98, r. 20.09 (11); O. Reg. 461/01, s. 19 (1). Manner of Sending Notice (11.1) The notice that the consolidation order is terminated shall be served by mail or email.  O. Reg. 330/02, s. 12 (1); O. Reg. 108/21, s. 18. (11.2), (11.3) Revoked:  O. Reg. 78/06, s. 46 (2). Equal Distribution Among Creditors (12) All payments into a consolidation account belong to the creditors named in the consolidation order, who shall share equally in the distribution of the money.  O. Reg. 258/98, r. 20.09 (12). (13) The clerk shall distribute the money paid into the consolidation account at least once every six months.  O. Reg. 258/98, r. 20.09 (13). Examination of Debtor or Other Person 20.10 (1) If there is default under an order for the payment or recovery of money, the clerk of a court in the territorial division in which the debtor or other person to be examined resides or carries on business shall, at the creditor’s request, issue a notice of examination (Form 20H) directed to the debtor or other person.  O. Reg. 258/98, r. 20.10 (1); O. Reg. 393/09, s. 22 (1). (2) The creditor’s request shall be accompanied by, (a)  an affidavit for enforcement request (Form 20P) setting out, (i)  the date of the order and the amount awarded, (ii)  the territorial division in which the order was made, (iii)  the rate of postjudgment interest payable, (iv)  the total amount of any payments received since the order was granted, and (v)  the amount owing, including postjudgment interest; and (b)  a certificate of judgment (Form 20A), if the order was made in another territorial jurisdiction.  O. Reg. 258/98, r. 20.10 (2); O. Reg. 78/06, s. 47 (1); O. Reg. 393/09, s. 22 (2). Service of Notice of Examination (3) The notice of examination shall be served in accordance with subrules 8.01 (10), (11) and (12).  O. Reg. 78/06, s. 47 (2). (4) The debtor, any other persons to be examined and any witnesses whose evidence the court considers necessary may be examined in relation to, (a)  the reason for nonpayment; (b)  the debtor’s income and property; (c)  the debts owed to and by the debtor; (d)  the disposal the debtor has made of any property either before or after the order was made; (e)  the debtor’s present, past and future means to satisfy the order; (f)  whether the debtor intends to obey the order or has any reason for not doing so; and (g)  any other matter pertinent to the enforcement of the order.  O. Reg. 258/98, r. 20.10 (4). Duties of Person to be Examined (4.1) A person who is served with a notice of examination shall, (a)  inform himself or herself about the matters mentioned in subrule (4) and be prepared to answer questions about them; and (b)  in the case of an examination of a debtor who is an individual, complete a financial information form (Form 20I) and, (i)  serve it on the creditor requesting the examination, but not file it with the court, and (ii)  provide a copy of it to the judge presiding at the examination hearing.  O. Reg. 78/06, s. 47 (3); O. Reg. 440/10, s. 6 (1). (4.2) A debtor required under clause (4.1) (b) to complete a financial information form (Form 20I) shall bring such documents to the examination hearing as are necessary to support the information that he or she provides in the financial information form.  O. Reg. 440/10, s. 6 (2). Who May Be Examined (5) An officer or director of a corporate debtor, or, in the case of a debtor that is a partnership or sole proprietorship, the sole proprietor or any partner, may be examined on the debtor’s behalf in relation to the matters set out in subrule (4).  O. Reg. 258/98, r. 20.10 (5). Attendance (5.1) A person required to attend an examination may attend, (a)  in person; or (b)  by video conference in accordance with rule 1.07.  O. Reg. 393/09, s. 22 (3). Examinations Private, Under Oath and Recorded (6) The examination shall be, (a)  held in the absence of the public, unless the court orders otherwise; (b)  conducted under oath; and (c)  recorded.  O. Reg. 78/06, s. 47 (4). Order As To Payment (7) After the examination or if the debtor’s consent is filed, the court may make an order as to payment.  O. Reg. 258/98, r. 20.10 (7); O. Reg. 461/01, s. 20 (1). Enforcement Limited while Order as to Payment in Force (8) While an order as to payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff.  O. Reg. 258/98, r. 20.10 (8). (9)-(15) Revoked:  O. Reg. 78/06, s. 47 (5). Contempt Hearing 20.11 (1) If a person on whom a notice of examination has been served under rule 20.10 attends the examination but refuses to answer questions or to produce records or documents, the court may order the person to attend before it for a contempt hearing.  O. Reg. 440/10, s. 7 (1). Same (2) If a person on whom a notice of examination has been served under rule 20.10 fails to attend the examination, the court may order the person to attend before it for a contempt hearing under subsection 30 (1) of the Courts of Justice Act. 
O. Reg. 440/10, s. 7 (1). Notice of Contempt Hearing (3)  If the court makes an order for a contempt hearing, (a)  the clerk shall provide the creditor with a notice of contempt hearing setting out the time, date and place of the hearing; and (b)  the creditor shall serve the notice of contempt hearing on the debtor or other person in accordance with subrule 8.01 (13) and file proof of service at least seven days before the hearing.  O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (2); O. Reg. 521/22, s. 9. Setting Aside Order for Contempt Hearing (4) A person who has been ordered to attend a contempt hearing under subsection 30 (1) of the Courts of Justice Act may make a motion to set aside the order, before or after receiving the notice of contempt hearing but before the date of the hearing and, on the motion, the court may set aside the order and order that the person attend another examination under rule 20.10.  O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (3). Finding of Contempt of Court (5) At a contempt hearing held under subrule (1), the court may find the person to be in contempt of court if the person fails to show cause why the person should not be held in contempt for refusing to answer questions or produce records or documents.  O. Reg. 78/06, s. 48. Same (6) The finding of contempt at a hearing held under subsection 30 (1) of the Courts of Justice Act is subject to subsection 30 (2) of that Act.  O. Reg. 440/10, s. 7 (4). Other Powers of Court at Contempt Hearing (7) At a contempt hearing, the court may order that the person, (a)  attend an examination under rule 20.10; (b)  be jailed for a period of not more than five days; (c)  attend an additional contempt hearing under subrule (1) or subsection 30 (1) of the Courts of Justice Act, as the case may be; or (d)  comply with any other order that the judge considers necessary or just.  O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (5-7). Warrant of Committal (8) If a committal is ordered under clause (7) (b), (a)  the creditor may complete and file with the clerk an identification form (Form 20K) to assist the police in apprehending the person named in the warrant of committal; and (b)  the clerk shall issue a warrant of committal (Form 20J), accompanied by the identification form, if any, directed to all police officers in Ontario to apprehend the person named in the warrant anywhere in Ontario and promptly bring the person to the nearest correctional institution.  O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (8). Discharge (9) A person in custody under a warrant issued under this rule shall be discharged from custody on the order of the court or when the time prescribed in the warrant expires, whichever is earlier.  O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (9). Duration and Renewal (10) A warrant issued under this rule remains in force for 12 months after the date of issue and may be renewed by order of the court on a motion made by the creditor for 12 months at each renewal, unless the court orders otherwise.  O. Reg. 78/06, s. 48; O. Reg. 440/10, s. 7 (10). (11) Revoked:  O. Reg. 440/10, s. 7 (11). Satisfaction of Order 20.12 If payment is made in full satisfaction of an order, (a)  where all parties consent, a party may file a request for clerk’s order on consent (Form 11.2A) indicating that payment has been made in full satisfaction of the order or terms of settlement; or (b)  the debtor may make a motion for an order confirming that payment has been made in full satisfaction of the order or terms of settlement.  O. Reg. 78/06, s. 48; O. Reg. 393/09, s. 23. RULE 21 REFEREE Referee 21.01 (1) A person assigned the powers and duties of a referee under subsection 73 (2) of the Courts of Justice Act may, if directed by the regional senior judge or his or her designate, (a)  hear disputes of proposals of terms of payment under rule 9.03; (b)  conduct settlement conferences under rule 13; (c)  hear motions for consolidation orders under rule 20.09; and (d)  assess receipted disbursements for fees paid to the court, an authorized court transcriptionist or a sheriff under the regulations made under the Administration of Justice Act.  O. Reg. 78/06, s. 49; O. Reg. 393/09, s. 24; O. Reg. 171/14, s. 1; O. Reg. 108/21, s. 19. (2) Except under subrule 9.03 (5) (order as to terms of payment), a referee shall not make a final decision in any matter referred to him or her but shall report his or her findings and recommendations to the court.  O. Reg. 78/06, s. 49. RULE 22 PAYMENT INTO AND OUT OF COURT Definitions 22.01 In this Rule, “Accountant” means the Accountant of the Superior Court of Justice; (“comptable”) “clerk” means the clerk in the location where the proceeding was commenced. (“greffier”) O. Reg. 400/12, s. 2. Non-Application of Rule 22.02 This Rule does not apply to money paid or to be paid into court, (a)  under an order or proposal for payment made under rule 9.03; (b)  under an offer to settle a claim in return for the payment of money; or (c)  for the enforcement of an order for the payment or recovery of money under Rule 20, including enforcement by garnishment. O. Reg. 400/12, s. 2. Payment into Court 22.03 (1) Subject to subrule (7), a party who is required to pay money into court shall do so in accordance with subrules (2) to (6). O. Reg. 400/12, s. 2. Filing with Clerk or Accountant (2) The party shall file the following documents with the clerk or the Accountant: 1.  If the payment into court is under a statutory provision or rule, a written request for payment into court that refers to that provision or rule. 2.  If the payment into court is under an order, a written request for payment into court and a copy of the order that bears the court’s seal. O. Reg. 400/12, s. 2. Direction (3) On receiving the documents required to be filed under subrule (2), the clerk or Accountant shall give the party a direction to receive the money, addressed to a bank listed in Schedule I or II to the Bank Act (Canada) and specifying the account in the Accountant’s name into which the money is to be paid. O. Reg. 400/12, s. 2. Clerk to Forward Documents (4) If the documents are filed with the clerk, the clerk shall forward the documents to the Accountant. O. Reg. 400/12, s. 2. Payment (5) On receiving the direction referred to in subrule (3), the party shall pay the money into the specified bank account in accordance with the direction. O. Reg. 400/12, s. 2. Bank’s Duties (6) On receiving the money, the bank shall give a receipt to the party paying the money and immediately send a copy of the receipt to the Accountant. O. Reg. 400/12, s. 2. Payment to Accountant by Mail (7) A party may pay money into court by mailing to the Accountant the applicable documents referred to in subrule (2), together with the money that is payable; the written request for payment into court referred to in that subrule shall include the party’s name and mailing address. O. Reg. 400/12, s. 2. Accountant to Provide Receipt (8) On receiving money under subrule (7), the Accountant shall send a receipt to the party paying the money. O. Reg. 400/12, s. 2. Proof of Payment (9) A party who pays money into court shall, immediately after receiving a receipt from the bank under subrule (6) or from the Accountant under subrule (8), as the case may be, send to every other party a copy of the receipt and file a copy of the receipt with the court. O. Reg. 400/12, s. 2. Payment Out of Court 22.04 (1) Money may only be paid out of court under an order. O. Reg. 400/12, s. 2. Documents to be Filed (2) A person who seeks payment of money out of court shall file with the Accountant, (a)  a written request for payment out and supporting affidavit, in the form provided by the Ministry; and (b)  a copy of the order for payment out that bears the court’s seal. O. Reg. 400/12, s. 2. Payment Out, Children’s Lawyer or Public Guardian and Trustee (3) If the person seeking payment out is the Children’s Lawyer or the Public Guardian and Trustee, (a)  the written request need not be in the form provided by the Ministry and a supporting affidavit is not required; and (b)  a single written request that deals with more than one proceeding may be filed. O. Reg. 400/12, s. 2. Payment Out, Minor Attaining Age of Majority (4) Despite subrule (2), money in court to which a party is entitled under an order once the party attains the age of majority may be paid out to the party on filing with the Accountant, in the forms provided by the Accountant, (a)  a written request for payment out; and (b)  an affidavit proving the identity of the party and that the party has attained the age of majority. O. Reg. 400/12, s. 2. Accountant’s Duties (5) If the requirements of subrule (2) or (4), as the case may be, are met, the Accountant shall pay the money to the person named in the order for payment out, and the payment shall include any accrued interest, unless a court orders otherwise. O. Reg. 400/12, s. 2. Transition 22.05 This Rule applies to the payment into and out of court of money paid into court on and after the day on which Ontario Regulation 400/12 comes into force. O. Reg. 400/12, s. 2. 23. Omitted (provides for coming into force of provisions of this Regulation).  O. Reg. 258/98, s. 23. Table of Forms Form Number   Form Title   Date of Form 

  1A   Additional Parties   January 1, 2021 

  1A.1   Additional Debtors   January 23, 2014 

  1B   Request for Telephone or Video Conference   January 23, 2014 

  4A   Consent to Act as Litigation Guardian   January 1, 2021 

  4B   Affidavit (Motion for Payment Out of Court)   January 1, 2021 

  5A   Notice to Alleged Partner   January 23, 2014 

  7A   Plaintiff’s Claim   August 1, 2022 

  8A   Affidavit of Service   August 1, 2022 

  8B   Lawyer or Paralegal’s Certificate of Service    August 1, 2022 

  9A   Defence   August 1, 2022 

  9B   Request to Clerk   January 23, 2014 

  10A   Defendant’s Claim   August 1, 2022 

  11A   Affidavit for Jurisdiction   January 1, 2021 

  11B   Default Judgment   January 1, 2021 

  11.2A   Request for Clerk’s Order on Consent   January 1, 2021 

  11.3A   Notice of Discontinued Claim   January 23, 2014 

  13A   List of Proposed Witnesses   January 1, 2021 

  13B   Consent   January 23, 2014 

  14A   Offer to Settle   January 23, 2014 

  14B   Acceptance of Offer to Settle   January 23, 2014 

  14C   Notice of Withdrawal of Offer to Settle   January 23, 2014 

  14D   Terms of Settlement   January 23, 2014 

  15A   Notice of Motion and Supporting Affidavit   August 1, 2022 

  15B   Affidavit   January 1, 2021 

  18A   Summons to Witness   January 23, 2014 

  18B   Warrant for Arrest of Defaulting Witness   January 23, 2014 

  20A   Certificate of Judgment   January 23, 2014 

  20B    Writ of Delivery   January 1, 2021 

  20C    Writ of Seizure and Sale of Personal Property   January 1, 2021 

  20D    Writ of Seizure and Sale of Land   January 1, 2021 

  20E    Notice of Garnishment   January 1, 2021 

  20E.1   Notice of Renewal of Garnishment   January 1, 2021 

  20F   Garnishee’s Statement   May 1, 2019 

  20G   Notice to Co-owner of Debt   January 1, 2021 

  20H   Notice of Examination   August 1, 2022 

  20I   Financial Information Form    January 23, 2014 

  20J    Warrant of Committal   January 1, 2021 

  20K   Identification Form     January 23, 2014 

  20L   Notice of Default of Payment   January 23, 2014 

  20M   Affidavit of Default of Payment   January 1, 2021 

  20N   Request to Renew Writ of Seizure and Sale   January 23, 2014 

  20O   Direction to Enforce Writ of Seizure and Sale of Personal Property   January 23, 2014 

  20P    Affidavit for Enforcement Request   January 1, 2021 

  20Q   Notice of Garnishment Hearing   January 1, 2021 

  20R   Notice of Termination of Garnishment   May 1, 2019 O. Reg. 108/21, s. 20; O. Reg. 521/22, s. 10. FormS 1A-20J Revoked:  O. Reg. 78/06, s. 51.  Français