A judgment creditor applied for orders directing a reference to inquire into issues relating to the sale of real property owned by judgment debtors as a means of enforcing unpaid money judgments.
The court considered whether the sheriff’s sale mechanism under the Execution Act constituted the exclusive method for enforcing judgments against land.
Applying principles of equitable execution and the court’s inherent jurisdiction, the court held that a judicially supervised sale process could be used where appropriate.
The court also recognized that privacy restrictions under PIPEDA may impede the sheriff’s sale process by preventing mortgagees from providing discharge statements to execution creditors.
The application was granted and a reference ordered to determine the interests in the properties and the propriety of a judicially supervised sale.
