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Last revised:
April 9, 1998

Memo to:

Directors of Court Operations
Court Service Managers

From:

Brent Gibbs
Director, Program Development Branch of Land Registration
Ministry of the Attorney General

Contents of the memo:

The new Federal Court Rules, 1998 will come into force on April 25, 1998. These rules are registered by statutory instrument # SOR/98-106 dated February 5, 1998 and published in part II of the Canada Gazette of February 18, 1998.

Changes:

Under the new rules, writs of fi fa (writs of fieri facias) are now called writs of seizure and sale. The new writ of seizure and sale is prescribed under the new rules as Form 425a (found in Canada Gazette Volume 123, Number 4).

Rule 437 of the new rules provides that Federal Court Writs of Execution issued or ordered to be renewed on or after April 25th, 1998 will now be valid for six years rather than five years.

Impact on Enforcement Office:

  • Writs issued before April 25, 1998 will remain valid for five years and are to continue to be entered into the writs database for five years.
  • Writs ordered renewed before April 25, 1998 will be renewed for five years and are to continue to be entered into the writs database for five years.
  • Writs issued on or after April 25, 1998 are valid for six years and are to be entered into the writs database for six years.
  • Writs renewed on or after April 25, 1998 will be renewed for six years and are to be entered into the writs database for six years.
  • Continue to mark the type of writ as "F" for Federal.

Action Required:

When entering a new Federal Writ or a writ renewed on or after April 25, 1998 into the writs database, continue to mark the type of writ as "F" for federal writ but override the expiry date to six years from the default of five years which is generated by the system.

Teranet has been contracted to adjust the writs system to reflect the change. However, it will take a few months for the change to be made to the individual systems across the province. In the meantime, use the manual override of the expiry date to ensure accuracy with the rule change.

Please advise all data entry staff of this change and place a copy of this memorandum in the Writs Office Administration Manual. Manual revisions will follow.

Original signed by:

Brent Gibbs

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Civil Enforcement Project
Operations Support