C-25.01 - Code of Civil Procedure

Section 735 Disposition versions

2016-01-01

735. A person may oppose the seizure or proposed sale of property and ask for the annulment in whole or in part of the seizure or sale proceedings if

(1)  the property is exempt from seizure;

(2)  the debt is extinguished;

(3)  the proposed sale price is not commercially reasonable;

(4)  the proceedings are affected by an irregularity resulting in serious prejudice, subject to the power of the court to authorize the bailiff or the seizing creditor to remedy the irregularity; or

(5)  a right may be exercised to revendicate the seized property or any part of it.

The debtor’s creditors may oppose the proposed sale only if the proposed sale price is not commercially reasonable or if the sale may be affected by serious irregularities.

A third person in whose favour an encumbrance exists against the property may also oppose the sale if the property is advertised without any mention of the encumbrance and the encumbrance will be discharged by the sale.

As well, any person whose interests are adversely affected by reason of the seized property being advertised as being subject to an encumbrance may oppose the property being sold subject to the encumbrance, unless sufficient security is given to guarantee that the property will be sold for a price that will ensure payment of the person’s claim.

2014, c. 1, a. 735.