The moving party sought leave under Rule 60.07(2) of the Rules of Civil Procedure to issue a writ of seizure and sale more than six years after judgment relating to a motor vehicle accident claim assigned to the Motor Vehicle Accident Claims Fund.
The responding party had filed a consumer proposal under the Bankruptcy and Insolvency Act and listed the Fund as an unsecured creditor.
The court held that the Bankruptcy and Insolvency Act binds the Crown and that s. 69.2(1) imposes a stay of proceedings preventing creditors from enforcing provable claims once a consumer proposal is filed.
The judgment debt was a provable claim in bankruptcy and therefore enforcement remedies, including issuing a writ of seizure and sale, were barred during the proposal process.
Leave to issue the writ was denied.
