Section 11

Hearings/Hearing Orders

Sub-Section 11.6

Hearing Orders - Enforcing An Order


Legislation


s. 157, The Residential Tenancies Act
The Reciprocal Enforcement of Judgments Act


Definitions

Certificate of Judgment: a certification of a judgment or Order issued by Court of Queen’s Bench; can be filed in Land Titles as a lien against property.

Certified Order: an Order certified with a seal. The Branch certifies all Orders that landlords and tenants can file and enforce in the Court of Queen’s Bench.

Notice of Garnishment: an Order of Court of Queen’s Bench used to seize wages or money from accounts in banks or other financial institutions.

Seal: a stamp that certifies an Order.

Writ of Seizure and Sale: an Order of Court of Queen’s Bench telling the sheriff to seize belongings to satisfy an Order.

Policy

The Branch only enforces Orders to return security deposits and overcharged rent. A tenant or landlord who wants to enforce any other Order must file it in Court of Queen’s Bench. Before they can file an Order in the Court, they must ask the Branch to provide a certified copy of the Order.

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A landlord or tenant may file in Court to get:

  • a Notice of Garnishment;
  • a Writ of Seizure;
  • a Certificate of Judgment.

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If a landlord or tenant loses their certified Order, they can ask the Branch to replace it. The landlord or tenant must complete a form about the missing Order. The Branch then certifies a copy of the Order from our file.

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A landlord or tenant may file a certified copy of an Order in the Court of Queen’s Bench:

  • after the appeal period is over; and
  • if no one files an appeal with the Residential Tenancies Commission.

If a respondent files an assignment in bankruptcy after the Branch issues a certified Order, the claimant cannot file the Order in the Court of Queen’s Bench. The claimant should contact the Trustee in Bankruptcy to file a proof of claim for the compensation awarded in the Order.

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In rare cases, the Residential Tenancies Commission may allow an appeal after a landlord or tenant has filed the Branch’s certified Order in the Court of Queen’s Bench. If this happens, the Branch’s Order is stayed and can’t be enforced. The Branch would notify the Court not to enforce the Order.

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A tenant or landlord may enforce an Order against someone who lives outside Manitoba. To do this, they register the certified copy of the Order in Court of Queen’s Bench in Manitoba. They ask for a certificate under The Reciprocal Enforcement of Judgments Act. This allows the landlord or tenant to enforce the Order out-of-province.



Procedure

Overview

When the Branch issues an Order, an officer certifies the Order to allow for enforcement in the Court of Queen’s Bench.


Steps ▼

1.The officer issues an Order and places a seal on the successful party’s copy of the Order. When sending the Order to the successful party, the officer also includes information on how to enforce the Order.


Forms & Form Letters

Notice of Garnishment – Form 60E, Court ofQueen’s Bench Rules
Writ of Possession – Form 60B, Court of Queen’s Bench Rules
Writ of Seizure and Sale – Form 60A, Court of Queen’s Bench Rules


X-Referencing

For information on enforcing an Order of Possession, see Enforcing An Order of Possession in Section 8.


Policy Developed

September, 1992*


Last Revision

August, 2015


Other Resources

None

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