| Term | Definition |
| Amount Owing | The amount due from the debtor to satisfy the writ. This may include post-judgment costs, post-judgment interest, the amount of the judgment/order, assessed costs (where applicable), and pre-judgment interest, less any payments made by the debtor, as well as interest accumulating each day the writ is unsatisfied. The sheriff can request that a creditor provide an Amount Owing at any time |
| Clerk of the Court | The administrative officer in a court who is assigned some or all of the responsibilities of the court, such as signing court orders, issuing particular documents, maintaining the court’s record, and performing other duties under the Courts of Justice Act and other legislation, and under the rules of court |
| Costs | A money award made by a court or tribunal for expenses in bringing or defending a legal proceeding or a step in a proceeding. Costs may also be ordered against a party, in favor of the other, for failing to follow the court’s directions or instructions before or during a step in the case. Costs may also be referred to as ‘assessed costs’ |
| Court File Number | The identifier assigned to the court’s physical record of a case, including all documents filed with the court. This can be found on court issued documentation |
| Court Order | A court’s official direction to act or refrain from acting |
| Creditor | A person to whom money is owed and whose name or on whose behalf a writ of execution is issued on a judgment, or in whose favour an order has been made for the seizure and sale of personal property, real property or both real property and personal property |
| Debtor | A person who owes money and against whom a writ of execution is issued on a judgment or an order has been made for the seizure and sale of personal property, real property or both real property and personal property. This party is typically the Defendant on a court order |
| Debtor Search Name | A name used to find a debtor(s). For individuals, the name is composed of a surname and up to 3 given names, while organizations have a single name. Judgment debtors can be known by several names, and creditors file writs using all of the names by which they know each judgment debtor |
| Defendant | A person sued in a civil proceeding |
| Effective Date | The date when a writ is considered to be active and searchable by the public |
| Enforcement | Where one party takes measures under the law or with permission of the court to compel the other party to obey a court order, like a writ of seizure and sale |
| Enforcement Office | The Enforcement Office is a branch of the Superior Court of Justice that administers the responsibilities of the sheriff and the bailiff of the Small Claims Court, providing services to help parties enforce orders and assist courts and crown attorneys to serve specific documentation List of enforcement offices |
| Estate | The items comprising the net worth of an individual, including all land, possessions and other assets that the individual owns or has a controlling interest in. Often used to describe property after the person’s death |
| Estate Trustee | A person(s) with the legal authority to manage or distribute an estate |
| Execution | A process by which orders of the court are enforced. Execution can refer to the process by which the sheriff realizes property and proceeds under an enforcement document, such as a writ of seizure and sale. An Execution can also refer to a writ |
| Expiry Date | Date upon which a writ is considered no longer active or searchable by public |
| Fee Waiver | A mechanism for waiving court or enforcement fees. Parties unable to pay may request that these fees be waived. Fee waivers apply to most fees in civil, family, and small claims court proceedings. Note: WritFiling does not currently include support for fee waivers |
| File writ | The act of filing an issued writ electronically via WritFiling, or in paper to the Enforcement Office, along with payment of required fees (if applicable) |
| Form 60A (Writ of Seizure and Sale) | An order for a sheriff to seize and publicly sell a person’s property in order to satisfy an order for payment. Once issued and filed, the writ binds lands of the debtor within the jurisdiction for a period of 6 years |
| Form 20D (Writ of Seizure and Sale) | An order for a sheriff to seize and publicly sell a person’s property in order to satisfy an order for payment. Once issued and filed, the writ, binds goods and lands of the debtor within the jurisdiction for a period of 6 years |
| HST | Harmonized Sales Tax (HST), a value-added tax levied by the federal government of Canada. The current HST rate is 13% and applicable on Service Fees. |
| Interest Rate | The percentage that a party owing must pay to a creditor or recipient for the period that the money owed is outstanding. See Postjudgment Interest and Prejudgment Interest |
| Issue a writ | The act of filing a Requisition (Civil) or Affidavit of Enforcement (Small Claims) along with a copy of the order and relevant evidence in the court where the judgment was obtained for the purpose of filing with the sheriff for enforcement |
| Issue and File a writ | Through the WritFiling system, the act of simultaneously issuing and filing a writ, and paying required fees (if applicable), electronically. As per the Rules of Civil Procedure, a writ that is issued and filed electronically is deemed to have been issued by the court and filed with the sheriff |
| Judgment | A judicial decision that the judgment being recorded is a monetary amount owed by a judgment debtor |
| Jurisdiction | The county/regional area(s) where a sheriff has legal authority to enforce a writ or order |
| Law Society of Ontario (LSO) | The provincial body charged, by the legislature, with governing the legal profession and regulating the conduct of lawyers and paralegals in Ontario |
| Motion | A process used to make a request to a judge for an order, either before, during, or after a trial or other proceeding |
| Paralegal | A person licensed under the Law Society Act to provide legal services in Ontario |
| Postjudgment Enforcement Costs | Costs incurred by the Creditor after the judgment/order was made |
| Postjudgment Interest | The rate at which interest will accrue for money owing under a court order, including costs, calculated from the date of the order to the date of payment |
| Prejudgment Interest | The rate at which interest will accrue from the date the cause of action arose to the date of the order. The value of any prejudgment interest awarded is to be applied to judgment and/or cost amounts, prior to entry into the WritFiling system |
| Refile writ | A writ of seizure of sale that has been withdrawn may be refiled before its expiration through the WritFiling system, or on providing written instruction to the enforcement office, and payment of the required fees (if applicable). When a writ is refiled, a new writ file number will be assigned and the writ will become effective the next business day |
| Registrar | The administrative officer assigned some or all of the responsibilities of registrar, such as filing and issuing documents, maintaining court records and performing other duties under the Rules of Civil Procedure, the Courts of Justice Act, and other legislation |
| Remediate writ | In accordance with the Rules of Civil Procedure, a creditor can correct an error made on an electronically filed writ no later than two business days after the writs effective date |
| Renew writ | A writ can be electronically renewed before its expiration through the WritFiling system, or by providing written instruction to the enforcement office, and payment of required fees (if applicable). Renewals take effect immediately |
| Representative | The party who represents or stands in the place of another under authority recognized by law with respect to the other’s property or interests |
| Rules of Civil Procedure | The procedures governing the proceedings in civil cases before the Superior Court of Justice to be followed by the parties. Where there is a default under an order for the payment or recovery of money that may be enforced by a writ of seizure of sale, a writ of seizure of sale may be issued under Rule 60.07(1) of the Rules of Civil Procedure as Form 60A. The Rules of Civil Procedure also govern processes relating to changes, error remediation, refiling, renewals, withdrawals and other update activities |
| Rules of the Small Claims Court | The procedures which govern the proceedings in the small claims court and which are to be followed by the parties. Where there is a default under an order for the payment or recovery of money that may be enforced by a writ of seizure of sale, a writ of seizure of sale may be issued under Rule 20.07(1) of the Rules of the Small Claims Court as Form 20D |
| Sheriff | The name formerly used for an officer of the court who is responsible for enforcing court orders in a jurisdiction The powers and duties of the sheriff are assigned to Enforcement Officers and other staff within Enforcement Offices to administer the various responsibilities of the sheriff. Legislation and Rules of the Court continue to refer to the term Sheriff |
| Sheriff’s Index | The sheriff is required by section 10(1)of the Execution Act to enter all filed and renewed writs into an electronic database that is to be maintained by the sheriff as an index of writs of execution against real or personal property within their jurisdiction. The Writs System acts as the electronic database/index for the enforcement office for this purpose. This index is public record and is typically accessed by parties interested in determining whether or not executions exist against a debtor, prior to conducting land sales or other financial transactions |
| Small Claims Court | The Small Claims Court is a branch of the Superior Court of Justice and hears civil actions for claims up to $35,000 |
| Statutory Fee | Fees payable under the Administration of Justice Act |
| Superior Court of Justice | The Superior Court of Justice has jurisdiction over criminal, civil, and family cases, and is the largest superior trial court in Canada. The Divisional Court, the Small Claims Court, and the Family Court are all branches of the Superior Court of Justice |
| Trustee | An individual person or member of a board given control or powers of administration of property in trust with a legal obligation to administer it solely for the purposes specified, or a party who holds or manages cash, assets or a property title for or on behalf of another party. A trustee has a fiduciary duty to act in the best interest of the beneficiary |
| Withdraw writ | A writ may be withdrawn in its entirety or against one or more debtors electronically through the WritFiling system or by written request with the enforcement office or. Withdrawals take effect immediately |
| Writ file number | This number is assigned when the writ is filed. |
| Writ of Execution | A general term used under the Execution Act referring to documents or directions that may be issued at the direction of a court, including Writs of Seizure and Sale |
