by footloose » Wed Mar 02, 2011 02:57:40 PM
Before I can discuss your post, it's important to define terms, terminology and legal procedures.
This matter was heard before a member of the Landlord and Tenant Board in a forum more commonly referred to as a Tribunal. The member of the Landlord and Tenant Board who is conducting the tribunal does not have the authority to issue a Judgment, but does have the authority to issue an Order. Only a judge having Competent Authority ( meaning the judge has the authority to hear the matter at trial ) can issue a judgment. For example, if a plaintiff was seeking Equitable Relief in Ontario, and brought this matter before the Small Claims Court, the judge would not have competent authority to hear this case because pursuant to Subsection 96(3) of the Courts of Justice Act, a judge of the Small Claims Court does not have the authority to grant Equitable Relief.
So what we have here is an Order issued by a member of the Landlord and Tenant Board. An Order is of no value unless the party to whom it was awarded does something with it. Pursuant to Section 19
of the Statutory Powers Procedures Act, a certified copy of a tribunal's decision or order in a proceeding may be filed in the Superior Court of Justice ( of which the Small Claims Court is a branch ) by the tribunal or by a party and on filing shall be deemed to be an order of the court and is enforceable as such.
Under the Courts of Justice Act, Ontario Regulation 258/98, Rules of the Small Claims Court and more specifically Rule 20.08, a creditor may enforce an order for payment or recovery of money by garnishment of debts payable to the debtor by other persons. If a debt is payable to the debtor and to one or more co-owners, one half of the indebtedness or a greater or lesser amount specified in a court order may be garnished.
Therefore, if a bank account is co-jointly owned by two or more parties, pursuant to Rule 20.08, one-half or a greater or lesser amount specified in a court order may be garnished.
In order to prevent a garnishment from occurring, it is necessary to remove your name from your current bank account and establish a new bank account preferably at a different bank ( not at a different branch ).
You mentioned in your post that your previous landlord does not know where you currently reside and I presume does not know where you are employed if in fact you are currently employed. The landlord does have options under the Rules of the Small Claims Court to seek your whereabouts and your employment status, but that is another topic for another time.
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