WHY DO I NEED TO USE A BAILIFF?

Ontario has made provisions in some Act's, mostly the Personal Property Securities Act and the Commercial Tenancies Act, to allow for self-help remedies. In other words a creditor or landlord can take action against a debtor or tenant provided the action taken falls within parameters set out in one of the Act's and is allowed according to the contract(s) signed by the parties involved. Self-help remedy may only be used when a full time employee of the credit grantor or landlord is present on scene during the seizure. The use of someone other than a Bailiff could have some very serious repercussions on yourself or your company. Any accusations of theft, assault, damage or improper activities or behavior could land you and or your company in court facing lawsuits and or criminal charges.

Make sure you are dealing with a real Bailiff. The use of "agents" is illegal. There are a number of people in the province that claim to be a bailiff but are not. Using someone who is not an Appointed or Licensed Bailiff could prove to be a very expensive venture. Should a tow truck show up without a bailiff on scene and claim they are there to repossess your vehicle, call the police. This is nothing less than theft and the police could lay charges. There are some very few exceptions to this but there should always be a bailiff involved. Don't be afraid to ask a bailiff to see his or her badge or at least ask them for proper identification.

When you use a properly appointed, trained, bonded, and insured Bailiff you are using someone who has been trained in and is familiar with provincial laws, statutes, court decisions and the criminal code. A Bailiff is appointed by The Lieutenant Governor of Ontario or more recently Licenced as an Assistant Bailiff by the Ministry of Consumer and Business Services. There are currently approximately 150 properly appointed/licensed Bailiffs in the province. Bailiffs are neutral parties to the repossession or eviction. Although we represent a party we have no sides to take, we simply enforce civil law based on the contract signed by all parties involved.