In what circumstances will a judge issue a warrant under subrule 60.11(4) to bring a debtor before the court?
Ontario, Canada
The following excerpt is from Mancuso v. Mancuso, 1991 CanLII 7418 (ON CJ):
[28] In McClure v. Backstein, Justice Steele looked at the process in that court and concluded that the protections in the rules met the requirements of section 7 of the Charter. Those rules are not too different from the statute and rules governing the proceedings before me. Justice Steele noted that “evidence in a civil proceeding is not ‘incriminating evidence’ within the meaning of Article 13. The debtor chose to defend the civil action and he must comply with the law.” page 9. Had the debtor in that case chosen to not respond to the process served upon him, judgment could have gone against him by default or the judge might have chosen to issue a warrant under subrule 60.11(4) to bring that debtor before the court.
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