Writ of Delivery:

Question: How do I enforce a Small Claims Court order requiring the return of specific personal property using a writ of delivery (Form 20B) in Ontario?

Answer: In Ontario Small Claims Court, a writ of delivery (Form 20B) enforces an order to return specific personal property to the Creditor, typically by asking the clerk to issue the writ to a bailiff along with an affidavit confirming the property has not been delivered, so the bailiff locates and verifies the item and delivers it to the Creditor; if the exact property cannot be found or taken, you may seek a court order to direct the bailiff to seize other personal property of the debtor, and the Creditor must pay storage costs in advance, otherwise the seizure can be deemed abandoned; for help drafting the Form 20B and avoiding delays from incomplete details or misidentification issues, Pollock Paralegal can assist, call (519) 694-0363 for a free 15-minute consultation.

Return of Property

A Writ of Delivery (Form 20B) is used to enforce an Order for the return of specific personal property to the rightful party – being known as the Creditor within enforcement proceedings.  The Writ of Delivery (Form 20B) is often used in situations such as for the return of leased equipment, for repossession of financed goods, or for recovery of disputed assets following a contractual disagreement.

The Writ of Delivery (Form 20B) directs the enforcement officer (typically a Sheriff or Bailiff) to take possession of the property specified within the Order and to deliver the property to the Creditor.  Enforcement officers execute the Writ by locating the specified property, verifying the identity of the property, and ensuring that the property is safely stored until transferred to the Creditor.  The process can present challenges, such as when dealing with unco-operative parties or when locating the specific property is difficult or when the specific property is difficult to identify.

The Writ of Delivery (Form 20B) is typically used when a Judgment requires the return of items rather than monetary compensation.  If recovery of the property specified is unenforceable, such as when the property was sold to a third party, lost, or destroyed, the Writ of Delivery (Form 20B) may also include a provision for the enforcement of a monetary amount equivalent to the value of the specified property.  Determining the value of the property may involve appraisal or consideration of market value, depending upon the nature of the specific property asset.

With respect to a Writ of Delivery (Form 20B), the Rules of the Small Claims Court, O. Reg. 258/98, specifically state:

Preparing the Writ of Delivery (Form 20B) document is relatively straightforward.  The document must include essential details such as the description of the property to be recovered, the parties involved, and the terms of the original Order.

Concerns

It is important to avoid common pitfalls such as incomplete or incorrect information, as these errors can delay enforcement.  Once the Writ of Delivery (Form 20B) document is prepared, copies are provided to the Court Clerk.  The Court Clerk will then complete the Writ of Delivery (Form 20B) by checking the box (“☐”) regarding the Court granting the use of reasonable force as well as attaching a copy of the respective Order.  The authority to use reasonable force is significant, as the Writ of Delivery (Form 20B) allows enforcement officers to ensure compliance, but the Writ of Delivery (Form 20B) also comes with strict legal limitations to prevent abuse.  Understanding these limitations is crucial.

Conclusion

The Writ of Delivery process provides a pivotal step in recovering a specific chattel.  Commencing the Writ of Delivery procedure provides a legal means to force the return of property in accordance with a mandate stated within a Judgment.