The judgment creditor brought a motion seeking enforcement relief after obtaining judgment and being unable to collect due to the debtor’s non-cooperation.
The creditor sought an order requiring the judgment debtor to attend an examination in aid of execution and to provide consent allowing mortgagees to disclose mortgage information relating to jointly owned property subject to a writ of seizure and sale.
The court held that while it could compel attendance at an examination in aid of execution following a failure to attend a properly scheduled examination, it lacked authority to compel a debtor to provide consent for disclosure of financial information.
The court also noted that disclosure from mortgagees may be obtained through a court order under the Personal Information Protection and Electronic Documents Act exemptions.
The debtor was ordered to attend an examination in aid of execution and the creditor was awarded costs.
