Court intervention may be appropriate where:

• A borrower refuses to surrender secured collateral;

• A lessee retains equipment after termination of a lease;

• Business property is held by a former contractor, officer, employee, or partner;

• Assets have been moved, concealed, sold, or threatened with disposal;

• Access to collateral has been refused;

• Ownership or possessory rights are disputed; or

• Delay may cause depreciation, damage, loss of evidence, or removal from Ontario.

Rule 44 of Ontario’s Rules of Civil Procedure permits a party claiming possession of personal property to seek an interim recovery order before trial. The property must be described sufficiently to be readily identifiable, and its value must be stated. Depending on the circumstances, the court may require security to protect the opposing party against damages and costs if the interim order is later found to have been improper.

Urgent or without-notice relief may be available in exceptional circumstances, particularly where advance notice would create a serious risk that the property will be removed, hidden, damaged, or disposed of. The applicant must provide detailed and reliable evidence and comply with the heightened disclosure obligations applicable to without-notice proceedings.

Asset-recovery litigation may include claims for:

• Delivery or possession of specified property;

• Preservation, inspection, or non-removal orders;

• A writ of delivery to enforce a final possession order;

• Damages for detention, conversion, loss, or depreciation;

• Payment of the secured debt or lease deficiency;

• Disclosure concerning the asset’s location and condition; and

• Relief against third parties possessing or claiming an interest in the property.

Relevant documents include purchase records, leases, security agreements, PPSA registrations, serial numbers, photographs, appraisals, default notices, location information, access records, and communications refusing delivery.