A licensed bailiff sought summary judgment relying on statutory immunity under s. 142 of the Courts of Justice Act after seizing a hydraulic truck crane pursuant to a writ of seizure.
The responding party alleged the bailiff seized the property from a person and location not identified in the writ and therefore did not act in good faith in accordance with the court process.
The court held that statutory immunity requires compliance with the court order and that seizing property from a person and place not named in the writ could not constitute good faith execution of the order.
The motion judge rejected the argument that immunity could only be defeated by evidence of bad faith and held that the evidentiary record did not establish good faith conduct.
Summary judgment was refused and the bailiff remained a party to the litigation.
