Dommer v. Barr

Dommer v. Barr

An adjudicator of the Small Claims Court may, pursuant to s.31(1) of the Small Claims Court Act, Rule 79 of the Civil Procedure Rules, and s.29(1) authority to grant remedies, issue a varied execution order (varying Form 11) authorizing a private bailiff to execute a Small Claims judgment because the regulation prescribing Form 11 governs form not substance and does not preclude such variation in exceptional cases.

Citation
2017 NSSM 103
Parties
Claimant: Denis Dommer; Defendant: Greg Barr
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 November 2017
Procedural Posture
Small Claims Court / Post Judgment Enforcement (ex Parte Application for Execution Order)
Outcome
Execution order granted varying Form 11 to authorize a private bailiff to enforce the judgment
Legal Topics
Execution Order, Appointment of Private Bailiff, Interpretation of Regulations, Court Jurisdiction and Remedies
Source Language
English
Civil Procedure Enforcement of Judgments Small Claims Execution Order Appointment of Private Bailiff Interpretation of Regulations Court Jurisdiction and Remedies

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Parties

Denis Dommer

Claimant

Greg Barr

Defendant

Procedural Posture

Small Claims Court / Post Judgment Enforcement (ex Parte Application for Execution Order)

Legal Issues

  1. 1 Whether a Small Claims Court adjudicator may issue an execution order authorizing a private bailiff to enforce a judgment
  2. 2 Whether Form 11 and Small Claims Court Regulations s.19 prohibit enforcement by persons other than sheriffs
  3. 3 Whether Civil Procedure Rules (Rule 79) apply to Small Claims Court orders and permit designation of a non-sheriff to execute an order

Ratio Decidendi

An adjudicator of the Small Claims Court may, pursuant to s.31(1) of the Small Claims Court Act, Rule 79 of the Civil Procedure Rules, and s.29(1) authority to grant remedies, issue a varied execution order (varying Form 11) authorizing a private bailiff to execute a Small Claims judgment because the regulation prescribing Form 11 governs form not substance and does not preclude such variation in exceptional cases.

Court Disposition

Execution order granted varying Form 11 to authorize a private bailiff to enforce the judgment

Orders

  • Execution order granted authorizing a bailiff to execute the judgment in favour of Denis Dommer for $2,302.68; adjudicator to issue varied Form 11 under Rule 79 permitting a non-sheriff to carry out the execution