Compulsory Discharge/Amendment - Instructions

Section 28 of The Enforcement of Money Judgments Act, 2012

When all obligations under The Enforcement of Money Judgments Act are satisfied, withdrawn, or not enforceable, the person named in the registration is not the judgment debtor, the court has ordered the registration be discharged or amended, or property affected by an enforcement charge has been sold to the sheriff. The creditor, who registered the interest must discharge or amend it (Section 28 The Enforcement of Money Judgments Act, 2012).

Obligations can be satisfied by paying off the judgment. If the creditor does not discharge the satisfied registration or amend the registration, the debtor or another person with a legal interest in the property of the debtor, may serve a written demand to discharge or amend to the creditor. Service may be personally served or by registered mail.

If the creditor does not discharge or amend the registration to comply with the demand or obtain a court order continuing the registration within the fifteen day period prescribed in the Act, after the period has expired the debtor or other person who has made the demand may register a Financing Change Statement to discharge or amend the registration. The Financing Change Statement must be accompanied by a copy of Demand to Creditor and Proof the Demand was served.
 
Items required:
  • Copy of Demand to Creditor;
  • Proof of Demand to Creditor;
  • Proof that the demand was served to the creditor address listed within registration; review s. 121 The Enforcement of Money Judgment Act & s. 25 of EMJ Regulations (registered mail receipt MUST indicating address or affidavit of item being served);
  • Financing Change Statement (depending if amendment or total discharge);
  • Appropriate Fees (see Personal Property Fees);
  • Proof of Demand to Creditor Authorized before a Notary or Commissioner of Oaths;
  • Demand to Creditor Party – marked and stamped by the Notary or Commissioner of Oaths as Exhibit A;
    Canada Post registered mail delivery confirmation marked and stamped by the Notary or Commissioner of Oaths as Exhibit B.
 
This is what the exhibit stamp looks like: