Passer Estate ( Re )
ITA-2808-91
Giles A.S.P.
4/6/97
2 pp.
Motion seeking leave to issue writ of fieri facias-Former writ of fieri facias failed to be renewed through so-called inadvertence-Writ issued in April 1991, therefore expired in April 1996-More than six years has passed since certificate having effect of judgment filed-Leave of Court required under R. 2001(1)(a) before writ may issue-Debtor estate of deceased person-Procedure to follow when requesting leave set out in R. 2003-One of matters to be addressed reason for delay in enforcing judgment-Counsel should inform Court of efforts made to collect sums owing-To satisfy Court with respect to R. 2001(1)(c), statements anticipated as to what new assets expected to fall into hands of executors-Motion dismissed without prejudice to applicant's right to reapply on better evidence-Federal Court Rules, C.R.C., c. 663, RR. 2001, 2003.