
Legal Blog:
Outrageous
Occasionally, we read a case that, for one reason or another, knocks us off our chair. Lisik v. Personal Insurance Co. of Canada [2006] O.J. No. 4816 (S.C.J.) is one such case.
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A writ of seizure and sale (a “Writ”) is the main means by which a creditor can seize the assets of a debtor. After a judgment, a creditor may, as of right, request the court to issue a Writ. The creditor then files the Writ with the Sheriff of the geographical area in which the debtor then owns or may be assumed to own land. Once filed, the Writ binds the lands that the debtor owns and, if the debtor is stupid enough, binds any lands that the debtor subsequently acquires. A Writ is valid for 6 years from the date of its issue, but the creditor, upon paying a fee, may renew the Writ by requisition to the Sheriff before the Writ’s expiry.
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