Application for issue of warrant of execution
43.01 Application for issue of warrant of execution
(1) A warrant of execution is to be issued only if the applicant produces a form of the warrant to a registrar.
Where a warrant of execution is to enforce an order:
for the payment of money; or
that includes the payment of money,
the applicant must file an application in accordance with Form 43A.
An application under subrule (2) is to state:
the date of the order;
the amount for which the order was made;
(c) the amount owing in respect of the order on the date of the application, including costs to that date;
(d) the interest accrued on the amount referred to in paragraph (c) and particulars of how it is calculated;
(e) the practitioner's costs and the filing fee in respect of the application;
the bailiff's fee for execution of the warrant applied for;
(g) the daily amount of interest that, subject to future payments, will accrue after the date of the application; and
(h) particulars of amounts paid on account or recovered under a previous warrant in respect of the order.
(4) The bailiff's fee referred to in subrule (3)(f) is not to exceed the fee prescribed under section 81(3) of the Act for the warrant of execution applied for.
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