A “Writ of Possession” is issued by the court on behalf of the mortgage lender, this is then sent to the local sheriff who will then issue an “Eviction Notice” to the home owner.
Writ of Possession in Ontario issued by the registrar and filed with the Sheriff provides the sheriff with authority to enter and take possession of specified land and premises and give possession of that land and premises to a party. Leave (i.e., permission) of the court must be obtained to issue the writ and a motion to obtain leave can be brought without notice or at the time an order entitling a party to possession is made (see Rule 60.10(1)). Form 60C is attached at the end of this guidebook. There are fees associated with issuing, filing, and enforcing these writs.
Writ of Possession in Ontario is usually obtained after an order granting possession of the property to a party has been made by the court. In deciding whether to grant leave to issue a writ of possession, the court must be satisfied that all persons in actual possession of any part of the land have received sufficient notice of the proceeding in which the order for possession was made to have enabled them to apply to the court for relief (see Rule 60.10(2)).
Writ of Possession in Ontario remains in force for one (1) year from the date of the order authorizing its issue and may be renewed by order for a period of (1) year from each renewal. The renewal of the writ must occur before the expiry of the writ of possession (see Rule 60.10(3)).
We believe the information contained in this article to be accurate. It is presented with the understanding that we are not engaged in rendering legal, accounting, or investment advice. When professional assistance is required, utilize the services of a licensed real estate broker, lawyer, accountant, or other consultant as may be required.
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