Sep 3, 2026
In my previous post, we discussed the option of garnishing a debtor’s bank account when they play hard to get. But what if garnishment isn’t enough? Initiating a land sale is another powerful enforcement remedy.
Step One – Wait
A creditor may not take any step to sell land until four months after filing the Writ with the Sheriff. Furthermore, the Sheriff cannot hold a land sale until six months after filing.[1]
However, that first four-month window shouldn’t go to waste. Use this time to gather the following required documentation so everything is ready to go. Keep in mind that different Sheriff’s offices may have specific document requirements, so always confirm in advance.
Step Two – Gather Documents While You Wait
- Issued Writ of Seizure and Sale
My previous blog discussed different method of issuing a Writ – through WritFiling or the court registrar. If issued through the registrar, remember to file it with the Enforcement Office in the region where the debtor lives or owns assets. If issued through WritFiling, it is deemed both issued by the court and filed with the Sheriff (Enforcement office). Either way, ensure you have a copy of the issued Writ.
- Direction to Enforce (60F)
File the Direction to Enforce (Form 60F) setting out the date of the Order and amount awarded; application post judgement interest rate; enforcement costs; dates and amounts of any payments received; and the amount owing, including the post judgment interest.[2]
This document formally directs the sheriff to enforce the Writ for the amount owing, interest and applicable sheriff’s fees and expenses.
- Copy of Judgments
Provide copies of the Judgment and any costs award Judgment together with the Direction to Enforce.
- Parcel Register
Download an up-to-date Parcel Register from the Land Registry Office. My previous blog breaks down how to pull a parcel register from ONLand without a PIN.
- Copy of the Deed and All Registered Encumbrances
Download all underlying instruments including Deed or Transfer, mortgages and line of credits from the Parcel Register. My previous blog provides a detailed walk-through of the parcel registers, including how to identify and download these instruments via ONLand.
- Mortgage Statements
You must provide all existing mortgages statements and encumbers registered on the title. To obtain mortgage statements, you may contact mortgagee using the contact information listed on the instrument. Provide them with the issued order, issued writ and the parcel register.
The Supreme Court of Canada decision in Royal Bank of Canada v. Trang held that the execution debtor implicitly gave the mortgagee consent to disclosure at the time the mortgage is granted.[3]
You may also obtain the statements by way of Debtor Examination or Court Order.
- Municipal Tax Statement
Contact the local municipality for a tax certificate of the property, provide the supporting documents, and explain that enforcement for a land sale is underway. Note that municipal application fees may apply.
- Certified Appraisal or Certified Letter of Opinion (Up-to-Date)
Retain a licenced appraiser for a certified appraisal or certified letter of opinion detailing the property’s current value (evaluated within the last six months). If the asset is a commercial property, a formal certified appraisal is required.
The report should include the municipal address and physical details of the property, such as street number, construction type (e.g., single-unit, semi-detached, condominium), layout (e.g., multi-story, split-level), and heating and garage specifications.
- Deposit of $5,240
Prepare a cheque of $5,240, payable to the Minister of Finance, to cover the sheriff’s costs of enforcement.
- Letter to the Sheriff
Include a formal instruction letter to the sheriff containing:
- Clear written instructions to sell the property of the execution debtor
- An up-to-date calculation of post-judgment interest
- Marital and ownership details: whether held in joint tenancy or tenancy-in- common, whether the property could be considered a matrimonial home, marital status of the debtor, and the current whereabouts of the spouse or any co-habiting individual
- Confirmation of whether the creditor or representative will attend on the day of sale
Step Three – Submit
Submit the completed document package and fee directly to the sheriff to schedule the sale and check periodically for updates.
While preparing for a land sale takes time and detailed documentation, it remains one of the most effective ways to recover substantial debts. By getting documents ready during the mandatory waiting period, you position yourself to move quickly and maximize your chances of a successful recovery.
Jennifer Jiang
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
[1] Rules of Civil Procedure, R.R.O. 1990, Regulation 194 [“Rules”], Rule 60.17 (17) and (18)
[2] Ibid at Rule 60.07 (13)
[3] Royal Bank of Canada v. Trang 2016 SCC 50 at Para 49
Sep 19, 2025
When I was in my third year of law school, 1L and 2L students constantly asked me two things:
- “Do you have an outline I could use?” and…
- “What courses should I take next year?”
The first one was easy (yes, I do). The second one? Much harder. My advice usually depended on which classes I did well in, or which professors I liked, not necessarily which courses would be the most useful later.
Now, I have come to realize how valuable it is to take courses that actually relate to your future practice. There are the obvious ones (like Wills & Estates or Trusts), and the not so obvious.
With a 2L summer and the first weeks of articling behind me, here are the courses that have been most helpful for my work in estate litigation so far:
1. Civil Procedure
This is where you learn the nuts and bolts of litigation: the differences between a motion and an application, counting days for court deadlines, different avenues to get a case dismissed, all that jazz. This course is most likely mandatory for all law students, but this is just an extra reminder to really pay attention to the content if you want to pursue litigation.
Taking this course is not a guarantee that you’ll become a pro at the Rules of Civil Procedure. In fact, one of my favourite professors told me that he’s been reading the same Rules (or similar iterations of it) for decades, and always finds new things in the same old places.
The takeaway here is that procedure can matter just as much as substance for your case, and a basic understanding of procedure can put you miles ahead.
2. Real Estate Law
Estates often consist of real property, and Estate Lit could involve fighting about that property, who owns it, how much of it, who is entitled to which parts, etc. You may deal with disputes regarding cottages, condos, farmland, family homes, and there are distinct legal considerations for each type of real property.
Learning how to read and decipher an Agreement of Purchase and Sale (APS), a parcel register and even a Trust Ledger in law school means one less thing to panic-Google when you end up having to do it in the course of your file. This could come up in a myriad of ways, such as checking a property’s ownership or reviewing accounts.
3. Negotiation
Most estate disputes settle, whether in the regular course of the file or at mediation. A negotiation course helps you understand your own client and the opposing party’s interests versus positions. Through practice, this course may also equip you to think outside of the box and prepare creative offers that actually get results.
Learning to identify your client’s BATNA (best alternative to a negotiated agreement) and separating their “must haves” versus the “nice to have” results will help you guide clients toward decisions that are cost effective, efficient, and satisfactory.
4. Tax Law
I took a tax course, and yes it was difficult, but the gain was worth the pain (at least that’s what I’m telling myself to cope with having to suffer through the General Anti-avoidance Rule…).
But in truth, every estate issue has tax implications: there’s the obvious estate administration tax, but there’s also underlying tax consequences to each piece of advice you give clients on their estate problems.
Even a basic understanding of tax law can improve client service as it enables us to spot which tax issues are purely within our expertise, and which require tax lawyers or accountants.
No Singular Course Prepares You
No law school course will prepare you for everything. There’s no class on gathering facts and filling in gaps of information, or parsing through hundreds of pages of medical records just hoping you’ll find something relevant to your argument, but the ones mentioned gave me a solid foundation to try my best at work.
Fara Seddigh
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Sep 5, 2025
On June 16, 2025, important amendments to the Rules for obtaining court approval of settlements involving parties under disability came into force.[1] These amendments preserve the open court principle to the greatest extent possible while ensuring that incapable parties are not prejudiced by processes designed to protect them.
Under Rule 7.08 any settlement involving a party under disability[2] is not binding on that party without a judge’s approval of the settlement. A judge must find that the settlement is in the best interests of the incapable party, considering the benefit received under the settlement, litigation risk, proportionality, and the desire to settle.[3] This safeguard is built into our judicial system to ensure that parties under disability are not taken advantage of.
To obtain settlement approval, the incapable party’s litigation guardian must bring a motion to the court, supported by an affidavit from the litigation guardian explaining the reasons in support of the settlement, as well as an affidavit from the litigation guardian’s lawyer providing a position in respect of settlement.
Under the previous rules, it was necessary to serve the motion for settlement approval on all parties to the litigation. In some cases, to show a judge why a settlement is justified and in the incapable party’s best interests, it is necessary to disclose weaknesses of the incapable party’s case. This created a risk: if the settlement were not approved, the other parties could potentially benefit from prejudicial information disclosed in the approval motion. Counsel were required to carefully consider what information was necessary to provide the court without undermining the party’s position if the settlement was not approved.
The new amendments contain key changes that ensure parties under disability are not prejudiced by these motions.
Rule 7.08(3.1) now allows settlement approval motions to be brought without notice to other parties and without requiring service of the supporting materials (unless a judge orders otherwise).
Pursuant to Rules 7.08(4.2) and 7.08(4.3) counsel are required to redact or omit any information subject to solicitor-client privilege or that could prejudice the person under disability prior to filing the motion materials. Now, only the judge hearing the motion is provided with a copy of the complete and unredacted version of the materials.
Rule 7.08(4.4) requires that settlement approval motions be determined in writing, without the attendance of the parties, and dispenses with the requirement to file a factum. This prevents opposing parties from hearing oral submissions on evidence that was redacted or omitted from the written materials.
These amendments helpfully and thoughtfully ensure that the court receives fulsome information about a party’s litigation risk, weaknesses in the case, and any other factors that support settlement, without risking prejudice to the incapable party’s position if the settlement is not approved.
[1] This blog focuses on Rules 7.08(3.1), 7.08 (4.2), 7.08(4.3), and 7.08(4.4). For a review of all amendments that came into force on June 16, 2025 please review O.Reg 50/25.
[2] Parties “under disability” include minors and adults who lack the mental capacity to engage in litigation.
[3] Spicer v Wawanesa Mutual Insurance Company, 2023 ONSC 3221
Rebecca Suggitt
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Aug 26, 2025
I will never forget the first time I received a judge’s Endorsement. We had won our case, putting an end to months of protracted litigation. I remember poring over the judge’s reasons, carefully reviewing the analysis and spotting all of the cases taken from our factum. After the excitement subsided, one of my colleagues pointed out something I had no idea was required: we now needed to convert the judge’s reasons into an issued Order. Even though the judge’s decision was immediately effective, the precise terms of that decision needed to be set out in a signed Order, approved by the parties as to form and content and issued and entered by the Court registrar.
But what happens if the parties cannot agree on the form and content of the draft Order? What if there are disagreements about what the judge intended to order in his or her reasons?
Thankfully, Rule 59.04(9) of the Rules of Civil Procedure provides a clear mechanism for settling an Order where the parties remain at a deadlock. Rule 59.04(9) states that
[i]f an objection is taken to the proposed form of the order in the course of its settlement before a registrar, the registrar shall settle the order in the form the registrar considers proper and the objecting party may obtain an appointment with the person who made the order to settle the part of the order to which objection has been taken, in which case the objecting party shall serve notice of the appointment (Form 59D) on all other parties who participated in the hearing or conference and file it, with proof of service, at least seven days before the appointment date.[1]
In other words, if the parties cannot agree on the form of the Order, any party can serve a “Notice of Appointment to Settle Order” (Form 59D) to attend before the judge who made the Order to settle its terms. Similar to a Notice of Motion, a Notice of Appointment requires the objecting party to set out the purpose of the appointment, the grounds for the relief being sought, and the documentary evidence to be relied on at the appointment. Best practice is to include all relevant materials that the judge will need to settle the Order, including the underlying Endorsement, the originating process or motion, the form of the draft Order proposed by the objecting party, and the draft proposed by the responding party or already settled by the registrar.
If the Order was made by a court consisting of more than one judge, the appointment will be before the judge who presided at the hearing or, where unavailable, any other judge who participated in the hearing.[2] Should the judge cease to hold office or become incapable after making the order but before it is signed, any other judge may settle and sign it.[3]
It should be noted that settling an order is not a mere formality. For example, if the Order contemplates the payment of money into or out of Court, a judge’s Endorsement will not be sufficient to effect payment.[4] Moreover, a party wishing to appeal a court’s decision will not be able to perfect their appeal without first getting an issued order. The Court of Appeal recently confirmed that an appeal always lies from the court’s order, not its reasons.[5] It is the appealing party’s obligation to take all necessary steps to perfect their appeal, including drafting the order and, failing agreement of the parties, seeking an attendance to settle it.[6]
[1] Rules of Civil Procedure, RRO 1990, Reg 194, Rule 59.04(9).
[2] Ibid, r 59.04(10).
[3] Ibid, r 59.04(14).
[4] Ibid, rr 72.02(2); 72.03(2).
[5] Toronto Standard Condominium Corporation No. 2931 v Tsatskin, 2025 ONCA 323 (CanLII) at para 6.
[6] Ibid at para 7.
Adam Giancola
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
May 29, 2025
When it comes to scheduling a date with the courts and subsequently serving and filing materials, you must first consult your region’s Practice Directions. These handy guides provide detailed steps to ensure your date is secured and your materials are provided to opposing counsel and your presiding Judge.
The Superior Court of Justice is divided into eight different regions, each with their own Practice Direction:
- Central East: Barrie/Bracebridge, Newmarket, Oshawa, and Peterborough/Cobourg/Lindsay,
- Central South: Hamilton, Kitchener, St. Catherines, Welland, Brantford, Simcoe, and Cayuga
- Central West: Brampton, Orangeville, Guelph, Milton, and Owen Sound/Walkerton,
- East: Ottawa, Kingston, Belleville, Brockville, Cornwall, L’Orignal, Napanee, Pembroke, Perth, and Picton
- Northeast: Sudbury, Cochrane/Timmins, Gore Bay, Haileybury, North Bay, Parry Sound, and Sault Ste. Marie
- Northwest: Thunder Bay, Kenora, and Fort Frances
- Southwest: Chatham/Kent, Goderich/Huron, London/Middlesex, Sarnia/Lambton, St. Thomas/Elgin, Stratford/ Perth, Windsor/Essex, and Woodstock/Oxford
- Toronto: This region of the Superior Court of Justice includes the Estates List, Civil List, and Family List. Importantly, each of these lists have their own practice direction.
Practice Directions provide an up-to-date overview of the court’s scheduling, filing and administrative procedures. Importantly, these directions are separated by the subject of the matter, such as civil law, family law, and criminal law.
While each court will have varying directions, there are some consistencies across the regions, such as:
If you find that a region’s Practice Direction does not adequately address your questions, you can do the following:
- Consult the consolidated Provincial Practice Directions
- Contact the court’s administration and ask them to clarify their scheduling and filing procedures
- Review the Rules of Civil Procedure
*(When in doubt, it is always best practice to review the Rules. They govern the entire Superior Court of Justice and are the basis of all region’s court procedures.)
Remember to always read the most recent iteration of a region’s Practice Directions and Notices to the Profession. These guides are often amended to reflect updates to court’s scheduling and filing procedures.
Hannah Henley
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
