5.1 Documents in the Enforcement File Covered by Section 137 of the Courts of Justice Act

Enforcement documents filed with the court fall under section 137 of the Courts of Justice Act (CJA) and are therefore publicly accessible, upon payment of the prescribed fee, and provided that no statutory provision, common law rule or court order restricts access.

Examples of these documents include:

• writs;
• orders;
• schemes of distribution;
• notices of garnishment; and
• any other documents provided to the enforcement office on a form prescribed by the rules of the court.

5.2 Other Documents in the Enforcement File

Other documents may be contained in the enforcement file, even though they have not been filed in the proceeding within the meaning of s. 137 of the Courts of Justice Act. These documents are not automatically publicly accessible, and include any correspondence or material created or required by the enforcement office in order to conduct an enforcement (e.g., appraisals, notice of sale, contracts for storage of seized goods, etc.).

For information on access to documents needed to enforce a support obligation, see section 4.2.4. on Proceedings under the Family Responsibility and Support Arrears Enforcement Act, 1996.

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