Actions against constable, small claims court bailiff or other officer
6 (1) No action shall be brought against a constable, a police officer, small claims court bailiff or other officer, or against any person acting by his or her order and in his or her aid, for anything done in obedience to a warrant issued by a justice of the peace or clerk of a small claims court until demand has been made or left at his or her usual place of work by the person intending to bring such action or by a person authorized under the Law Society Act to represent him or her in writing, signed by the person demanding the same, for the perusal and copy of the warrant and the same has been refused and neglected for six days after such demand.  R.S.O. 1990, c. P.38, s. 6 (1); 2006, c. 19, Sched. B, s. 17 (1); 2006, c. 21, Sched. C, s. 132. Transition (1.1) Subsection (1), as it read on the day before the coming into force of section 17 of Schedule B to the Good Government Act, 2006, continues to apply with respect to actions commenced within seven days after that coming into force.  2006, c. 19, Sched. B, s. 17 (2). Dismissal of action (2) In the case of a warrant issued by a justice, if, after such demand and compliance therewith by showing the warrant to and permitting a copy thereof to be taken by the person demanding the same, an action is brought against such constable, police officer, bailiff or officer, or such person so acting, for any cause, on the production and proof of the warrant at the trial of the action, judgment shall be given for the defendant despite any defect of jurisdiction in the justice.  2006, c. 21, Sched. B, s. 20. Same (3) In the case of a warrant issued by a clerk, if, after such demand and compliance therewith by showing the warrant to and permitting a copy thereof to be taken by the person demanding the same, an action is brought against such constable, police officer, bailiff or officer, or such person so acting, for any cause without making the clerk who issued the warrant a defendant, on the production and proof of the warrant at the trial of the action, judgment shall be given for the defendant despite any defect of jurisdiction in the clerk.  2006, c. 21, Sched. B, s. 20. Action brought jointly against clerk and constable or bailiff (4) In the case of a warrant issued by a clerk, if the action is brought jointly against such clerk and such constable, police officer, bailiff or other officer or person so acting, on proof of such warrant, judgment shall be given for the constable, police officer, bailiff or other officer and for the person so acting despite the defect in jurisdiction.  2006, c. 21, Sched. B, s. 20. Costs (5) In the case of a warrant issued by a clerk, if the judgment is given against the clerk, the plaintiff, in addition to any costs awarded to him or her, is entitled to recover such costs as he or she is liable to pay to the defendant for whom judgment is given.  2006, c. 21, Sched. B, s. 20. Transition (6) Subsections (2), (3) and (4), as they read on the day before the coming into force of section 20 of Schedule B to the Access to Justice Act, 2006, continue to apply with respect to actions commenced on or before that day.  2006, c. 21, Sched. B, s. 20. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. B, s. 17 (1, 2) - 22/06/2006; 2006, c. 21, Sched. B, s. 20 - 19/10/2006; 2006, c. 21, Sched. C, s. 132 - 01/05/2007 7 Repealed:  2002, c. 24, Sched. B, s. 25. Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 25 - 01/01/2004