C1F1PART 83Writs and Warrants – General Provisions

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SECTION IVWarrants

Warrants of delivery83.23

1

In this rule “warrant of specific delivery” means a warrant to recover goods without alternative provision for recovery of their value.

2

Except where an act or rule provides otherwise, a judgment or order for the delivery of any goods will be enforceable by warrant of delivery in accordance with this rule.

3

If the judgment or order does not give the person against whom it was given or made the alternative of paying the value of the goods, it may be enforced by a warrant of specific delivery.

4

If the judgment or order is for the delivery of the goods or payment of their value, it may be enforced by a warrant of delivery to recover the goods or their value.

5

Where a warrant of delivery is issued, the creditor will be entitled, by the same or a separate warrant, to execution against the debtor’s goods for any money payable under the judgment or order which is to be enforced by the warrant of delivery.

6

Where—

a

a judgment or order is given or made for the delivery of goods or payment of their value; and

b

a warrant is issued to recover the goods or their value,

money paid into court under the warrant will be appropriated first to any sum of money and costs awarded.