Job Specification

Purpose of Position :

To execute and enforce all orders and writs of the Ontario courts and to serve legal documents resulting from litigation.

Duties / Responsibilities :

Receiving writs, warrants and orders of the court and taking appropriate action by scheduling enforcement activities (under the direction of the manager or supervisor) and seizing goods and chattels e.g. vehicles, property and livestock; executing writs of delivery and interim recovery orders; enforcing attachment orders on banks, corporations or persons named and accepting monies or chattels on demand; assessing and accepting equivalent cash or goods in place of original items named.

Preparing inventories of goods seized; estimating value of goods, calculating interest, principal and cost incurred and arranging and supervising removal of goods by moving companies.

Prescreening evictions and seizures to assess risk to health and safety, completing interviews and discussions with manager; preparing reports and letters associated with executing and enforcement of judgements, including communicating with lawyers and social agencies regarding status of service.

Evicting tenants on orders of the Ontario Rental Housing Tribunal and providing relevant services e.g. contacting appropriate service agencies for shelter, assistance e.g. Childrens Aid Society, social services and animal shelters. When in the carriage of official duties under applicable Acts, may be required to contact police to arrest, lay charges and transport according to Ministry policy.

Conducting sales of seized goods e.g. property, livestock, vehicles and machinery, including all related preliminary documentation.

Enforcing labour and civil injunctions e.g. public protests, labour disputes.

Acting as Process Server by receiving documents to be served and effecting service on persons named in documents in accordance with procedures.

Preparing reports, maintaining detailed records of activities and providing evidence in court.

Staffing and Licencing :

Valid Ontario drivers licence.

Proficiency in oral French at the advanced level and written French at the advanced-minus level.

Successful completion of training on self-defense and tactical communications for Ministry certification on use of self-defense.

Knowledge :

Job requires knowledge of functions of the Ontario court system as well as legislation, regulations and procedures governing enforcement e.g. Rules of Civil Procedure, Execution Act, Tenant Protection Act, Creditors Relief Act, in order to ensure that enforcement activities and related functions are in compliance with the law, rules and legislated timeframes. Job requires knowledge of legal terminology and documentation to execute warrants, enforce judgements and orders and explain procedures. Knowledge of the occupational health and safety policies and procedures and policies and enforcement procedures as outlined in Ministry manuals and directives.
Knowledge of investigative techniques is necessary to enforce writs and orders.

Skills :

Job requires analytical skills in identifying and locating properties with minimal information. Job requires assessing situations with respect to finding articles to seize and organizing a moving company to remove large articles. Job requires determining when persons or animals should be offered emergency shelter and making suitable arrangements. Job requires oral communications skills to provide explanations to property owners, merchants, etc., requirements of legal documents, e.g. eviction notices, court injunctions or other official court documentation. Job requires interpersonal skills to deal quickly and effectively with upset or irrational people, dispute resolution skills and problem solving skills to calm them and diffuse potentially violent behaviour and persuade them to comply with the legal documents. Job requires writing skills to complete court documents e.g. affidavits, certificates, reports and statistical information.

Job requires judgement to accurately assess risk associated with evictions and seizures and determination of when to call police for back-up/assistance. Job requires skills to assess situations, recognize escalating situations of physical threat and applying defense and diffusion strategies.

Job requires organizational and planning skills to determine priority of tasks, coordinate own activities to accomplish service of documents and enforcement of court orders. Work is carried out according to priority, distance and organization of client's needs and location to work.

Mathematical skills are required to calculate the interest, principal and cost incurred in order to satisfy the enforcement of the writ order.

Job requires judgement to appraise and evaluate goods and chattels to determine if suitable for seizure and to estimate value.

Computer skills are necessary to prepare reports and lists of goods and activities.

Freedom of Action :

Job requires working in accordance with procedures and policies as defined in the rules, regulations and legislative procedures. Job requires adherence to established ministry policy and direction on the carriage of duties. Job requires decision making when applying procedures, e.g. deciding upon goods to be seized and when to restore goods to the plaintiff. Job requires work to be regularly reviewed by the manager to ensure that actions are executed according to instructions and timelines. Job requires referring to manager situations, which are not covered by established procedures e.g. interpretation of conflicting information, or when direction is required to ensure health and safety of officer.