Bailiffs

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The execution of court orders issued in a civil proceeding can only be performed by court bailiffs under contract with the Ministry of Attorney General.
 

Court bailiffs are legally authorized to enforce court orders from civil proceedings. These civil execution services include executing several types of court orders and extra-judicial processes.  In civil court proceedings, the court may find one party the creditor is entitled to a remedy or judgment from another party the debtor. The judgment often involves the payment of money for debt, damages or other causes. Creditors can either be individuals, business entities, organizations or the government. The Court Order Enforcement Act sets out several options for creditors to collect the judgment. When the debtor does not pay the judgment, the creditor may seek a court order or writ to have the judgment enforced by a court bailiff. The most common court orders include a writ of possession, writ of seizure and sale, and order of seizure and sale.

To satisfy a court order, court bailiffs can:

Seize and sell debtor’s goods and chattels;

Evict tenants from residential premises, turn over possession of the property to the landlords and seize/sell sufficient the tenants’ goods to satisfy costs;

Sell a specific parcel of land.

The writ may be satisfied by full payment or other arrangements agreed to by the creditor.

To fulfill their duties, court bailiffs are very knowledgeable about legal and legislative requirements.

The court bailiff, as an officer of the court, must always be aware that their actions and duties while executing a court order reflect directly on the integrity of all court levels.

 

While performing executions, the court bailiff must act impartially between the parties. Court bailiffs are to enforce the order directed by the court. The court bailiff will not do anything that jeopardizes the creditor’s claim and always consider the rights of the debtor.

 

When the civil execution services requested by a creditor cannot be performed by a court bailiff due to bias, partiality or conflict of interest including the appearance of partiality the court bailiff firm must contact the Province immediately to notify that the services cannot be provided.

Court bailiffs cannot execute any civil or criminal court order which entails the search, apprehension or arrest of individuals.

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