Absconding Debtors Act, R.S.O. 1990, c. A.2

• Jurisdiction: Ontario

Absconding Debtors Act

R.S.O. 1990, CHAPTER A.2

Consolidation Period: From September 1, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 4, Sched. 3, s. 17.

Definition

1 In this Act,

“property” includes credits and effects. R.S.O. 1990, c. A.2, s. 1.

Who to be regarded as absconding debtors

2 (1) A person resident in Ontario who departs from Ontario with intent to defraud the person’s creditors or any of them, or to avoid being arrested or served with process, being then possessed of any real or personal property therein not exempt by law from seizure under execution shall be deemed an absconding debtor, and the property may be seized and taken by an order of attachment for the satisfying of the person’s debts. R.S.O. 1990, c. A.2, s. 2 (1).

When order may be made

(2) The order shall be made only in a pending action. R.S.O. 1990, c. A.2, s. 2 (2).

Affidavit and order of attachment

3 Upon affidavit made by a plaintiff or the plaintiff’s agent that the defendant is indebted to the plaintiff in a sum exceeding $100, stating the cause of action, and that the deponent has good reason to believe and does believe that the defendant has departed from Ontario and has gone to some place, stating it, to which the defendant is believed to have fled, or that the deponent is unable to obtain any information as to the place to which the defendant has gone, with intent to defraud creditors or any of them, or to avoid being arrested or served with process, and was, at the time of departure, possessed to the defendant’s own use and benefit of real or personal property in Ontario not exempt by law from seizure under execution, and upon the further affidavit of two other persons that they are well acquainted with the defendant and have good reason to believe and do believe that the defendant has departed from Ontario with intent to defraud creditors or any of them, or to avoid being arrested or served with process, a judge of the Superior Court of Justice may make an order for the attachment of the property of the defendant. R.S.O. 1990, c. A.2, s. 3; 2006, c. 19, Sched. C, s. 1 (1).

Section Amendments with date in force (d/m/y)

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

Service of order

4 A copy of the order shall be served upon the defendant. R.S.O. 1990, c. A.2, s. 4.

Term of validity

5 The order shall remain in force for six months. R.S.O. 1990, c. A.2, s. 5.

Certified copies of order

6 The plaintiff may at any time while the order is in force obtain from the proper officer one or more certified copies of the order that may be delivered to any sheriff, other than the sheriff to whom the original order was delivered, who may thereunder attach the property of the defendant in his or her area. R.S.O. 1990, c. A.2, s. 6.

Liability of property to attachment

7 All the property of an absconding debtor liable to seizure under execution may be attached in the same manner as it might be seized under execution, and the sheriff to whom the order of attachment is directed shall forthwith take into his or her charge all such property, according to the exigency of the order, and shall be allowed all necessary disbursements for keeping the property, and the sheriff shall immediately engage the assistance of two substantial freeholders of his or her area, and with their aid shall make a just and true inventory of all the personal property, evidence of title or debts, books of account, vouchers and papers that he or she has attached, and shall return the inventory signed by himself or herself and the freeholders, together with the order. R.S.O. 1990, c. A.2, s. 7.

Sale of livestock and perishable goods

8 (1) Where horses, cattle, sheep or pigs, or perishable property, or property that by its nature cannot be safely kept or conveniently taken care of, are taken under an order of attachment, the sheriff who attaches them shall have them appraised, on oath, by two competent persons, and, if the plaintiff desires it and deposits with the sheriff a bond to the defendant executed by two freeholders, approved as sufficient by the sheriff, in double the appraised value of the property, conditioned for the payment of the appraised value to the defendant, the defendant’s executors or administrators, together with all costs and damages incurred by the seizure and sale thereof, in case judgment is not obtained by the plaintiff against the defendant, then the sheriff shall proceed to sell all...