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Costs of Distress Act

R.R.O. 1990, REGULATION 184


Consolidation Period:  From July 25, 2005 to the e-Laws currency date.

Last amendment: 441/05.

Legislative History: 441/05, CTR 08 FE 17 - 3.

This is the English version of a bilingual regulation.

1. The fees and costs referred to in sections 1 and 2 of the Act are prescribed as follows:

1. Levying distress,

i. where the claim is $100 or under: $3.00, and

ii. where the claim exceeds $100, add 50 cents for each succeeding $100 or part thereof up to a maximum of $6.00.

2. Possession charges per day per person, where close possession is actually necessary: $10.00.

3. For taking bond in lieu of possession: $3.00.

4. Receiving, filing and preparing warrant: $3.00.

5. Every mile or part of a mile necessarily travelled one way to enforce warrant: $0.20.

6. Where the amount due is satisfied in whole or in part after seizure and before sale, 5 per cent of the amount paid or $10, whichever is the greater.

7. For appraisal, 5 cents for each $1 of the value of the goods or the actual reasonable expenses paid for the appraisal by two appraisers, whichever is the greater.

8. The cost of advertising actually paid and reasonably incurred.

9. Every necessary notice of sale: $1.00.

10. The actual expenses reasonably incurred in tracing, recovering, removing and handling the goods distrained.

11. Commission on sale of 10 per cent of the proceeds of the sale.  R.R.O. 1990, Reg. 184, s. 1.