Federal Courts Rules

Marginal note:Period of validity of writ

• 437 (1) A writ of execution is valid for six years after its date of issuance.

• Marginal note:Requisition to extend validity of writ

  (1.1) A person who is entitled to execution of a writ, including a writ the validity of which has been previously extended, may make a requisition to a designated officer to extend the validity of the writ.

• Marginal note:Conditions

  (2) The designated officer may extend the validity of a writ of execution for a further period of six years if

  • (a) the requisition is accompanied by an affidavit attesting to

    • (i) the date on which the writ was issued,

    • (ii) the fact that the writ is not wholly executed,

    • (iii) the fact that there has been an attempt to execute the writ in the previous six years or that the writ has been registered in a provincial registry, and

    • (iv) if the validity of the writ was previously extended, the date on which it was extended;

  • (b) the writ is not wholly executed; and

  • (c) the writ is not expired.

• Marginal note:Extension indicated on writ

  (3) If the validity of a writ of execution is extended under subsection (2), a new copy of the writ, bearing the date on which its validity was extended, shall be issued in Form 425A.

• Marginal note:Effect of extended writ

  (4) A writ the validity of which has been extended under subsection (2) continues without interruption.