Costs of Distress Act

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Sections14

• 1Tariff of costs

  1 No person making distress for rent or for a penalty and no person employed in making the distress, or doing any act in the course of the distress, or for carrying the distress into effect, shall levy, take or receive any costs in respect of the distress other than those prescribed by the Lieutenant Governor in Council. R.S.O. 1990, c. C.41, s. 1.

• 1.
• 2Tariff of costs under chattel mortgage

  2 No person making a seizure or sale of goods for default in payment of the principal money or interest secured by a chattel mortgage or for default in payment of an instalment of principal or interest secured by an instrument under the terms of which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest shall levy, take or receive any greater or other fees or costs than those prescribed by the Lieutenant Governor in Council. R.S.O. 1990, c. C.41, s. 2.

• 2.
• 3Costs in respect of seizure of exempted goods

  3 No costs shall be levied, taken or received for or in respect of exempted goods when they may not be lawfully sold, and, when sold, no greater sum in all than $2 and actual and necessary payments for possession money shall be levied, taken or received for or in respect of costs and expenses of sale of such exempted goods. R.S.O. 1990, c. C.41, s. 3.

• 3.
• 4No charge for anything not done

  4 No person shall make any charge for anything for which the Lieutenant Governor in Council has prescribed a fee under this Act unless it has been actually done. R.S.O. 1990, c. C.41, s. 4.

• 4.
• 5Right of action not affected

  5 No person aggrieved by a seizure or sale of goods under a chattel mortgage or by a distress for rent or for default in payment of an instalment of principal or interest secured by an instrument under the terms of which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest shall be barred from any action or remedy that the person would have had if this Act had not been passed. R.S.O. 1990, c. C.41, s. 5.

• 5.
• 6Furnishing statement of demand and costs

  6 (1) A person who makes a distress shall give a statement in writing signed by the person of the demand and of the costs and expenses of the distress to the person on whose goods the distress was made and a person who makes a seizure under a chattel mortgage or for default in payment of an instalment of principal or interest secured by an instrument under the terms of which the vendor retains the right to take possession of a chattel sold by the vendor for default in payment of an instalment of principal or interest shall give to the person in possession of the goods seized a statement in writing signed by the person making the seizure of the demand and of the costs charged in respect of the seizure and subsequent proceedings. R.S.O. 1990, c. C.41, s. 6 (1). Assessment of costs of distress (2) The person whose goods are distrained or seized or the person authorizing the distress or seiz…

• 6.
• 7Fees and costs

  7 The Lieutenant Governor in Council may prescribe fees and costs payable to persons performing the services mentioned in sections 1 and 2. R.S.O. 1990, c. C.41, s. 7. ______________

• 7.