This regulation sets the fees and charges that may be recovered for distress or seizure actions, including specific amounts, percentages, and disbursements.
Distress Charges Regulation, M.R. 316/87 R The Distress Act , C.C.S.M. c. D90 Regulation 316/87 R Registered August 3l, 1987 bilingual version (HTML) 1 The costs and charges set out in the Schedule are prescribed as the costs and charges on a distress or seizure. SCHEDULE 1 Levying distress or effecting seizure of goods and chattels (including receiving, entering and return, perusal of documents, possession fees, warrant to bailiff and bond from creditor): (a) where the claim is $100. or less: $5.; (b) where the claim exceeds $100.: $5. plus $1. for each succeeding $100. or fraction thereof up to a combined maximum of $20. 2(1) Possession charges per day per person where real or actual possession is necessary: $10. 2(2) Possession charges are not to be charged in the case of constructive possession or where goods and chattels are put in storage. 3 Bond in lieu of possession: $5. 4 For appraisal, whether by one appraiser or more, where it is necessary for the purposes of sale: 2% of the value of the goods (minimum $5.). 5 All reasonable and necessary disbursements for advertising. 6 Catalogue, sale, commission and delivery of goods: (a) 10% on the first $500. of the net proceeds of the sale; (b) 5% on the next $1,000. or fraction thereof; and (c) 3% on the remainder. 7 Travel expenses where seizure effected or distress levied: 40¢/km (one way). 8 All necessary and reasonable disbursements for removing and storing goods and removing and keeping livestock, and all other disbursements that, in the opinion of a judge or court officer of the Court of King's Bench before whom any question as to the amount of the fees to be allowed under this Act may come for decision, are reasonable and necessary.