Publication & Reward Contract
B E T W E E N:
Public Executions, Inc. (operator of publicexecutions.ca)
- and -
The Publisher (as hereinafter defined)
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The Tipster (as hereinafter defined)
WHEREAS Civil Judgments issued by various tribunals and courts in Canada are inherently public, and
Whereas Public Executions, Inc maintains an internet platform designed to publicly identify enforceable orders and those who are responsible to pay them, and
Whereas a Judgment Creditor seeks to enforce a Civil Judgment and/or advise the public that a Judgment Debtor as published herein has failed or refused to satisfy a Judgment or Order for the payment of money enforceable by a duly constituted court in Canada, and
Whereas a Judgment Creditor may be prepared to offer a reward for information that leads to an enforcement of such a Judgment, and
Whereas the Tipster has information which he is prepared to share with the Judgment Creditor, which may assist in the enforcement of the Judgment.
Therefore the parties hereto agree to the following:
HE/SHE/IT are synonymous and may be used interchangeably herein.
JUDGMENT/ORDER are synonymous and may be used interchangeably herein.
AMOUNT COLLECTED is the amount received by the Publisher or any other Judgment Creditor from an enforcement process, resulting from a Tip, less all fees paid to a court, auctioneer, sheriff and/or bailiff necessary to collect the money received. Fees paid to lawyers, trustees or agents are not to be deducted from the amount received in calculating the Reward Amount. Further, amounts paid to other at arm’s length parties by relevant authorities pursuant to the Creditors’ Relief Act, as it is known in Ontario or other equivalent provisions elsewhere shall not be taken into account when calculating the Amount Collected.
ASSET includes employment income that may become subject to a garnishment order.
ELIGIBLE TIP is a Tip eligible to earn a reward for the Tipster. Such a Tip must include information sufficient to identify an Asset of the Judgment Debtor. This Tip must have been posted prior to the commencement of the enforcement process with regard to the identified Asset and prior to all other Tips capable of identifying the particular Asset and must not have been removed from the website.
JUDGMENT includes an order of any court, tribunal or arbitration for the payment of money and enforceable through a court in Canada.
JUDGMENT DEBTOR (hereinafter "JD") means the person against whom the Judgment is enforceable.
JUDGMENT CREDITOR (hereinafter "JC") means the person by whom the Judgment was obtained and includes the executors, administrators, successors and assigns of that person.
LEGAL REPRESENTATIVE means a person who is authorised to act for a party and is licensed within Canada to practice law or to provide legal services.
ORIGINAL COURT, in relation to a Judgment, means the court by which the Judgment was given.
POSTING is the information pertaining to a Judgment and JDs submitted to Public Executions, Inc for publication on its website.
PUBLIC EXECUTIONS, INC (hereinafter “PEI”) is a corporation incorporated pursuant to the laws of Ontario and is engaged in the business of providing an Internet platform facilitating the publication of enforceable Civil Court Orders and Judgments in Canada.
PUBLISHER is the individual who submits the Judgment information to this website for publication and certifies that information to be true and pays to publish the particulars of the relevant Order.
REGISTERING COURT, in relation to a Judgment, means the court in which the Judgment has been registered in order to effect enforcement.
REWARD AMOUNT is the amount payable by the Publisher to the Tipster, which is equal to 10% of the Amount Collected as defined above except where the parties hereto have agreed otherwise.
SATISFIED JUDGMENT, for the purposes of this contract, a judgment is deemed to have been satisfied after the JC has received the full amount of the Judgment including pre-judgment interest and costs as awarded together with any further amount outstanding on the Judgment such as post-judgment interest and enforceable costs becomes less than $200.00 CAD.
TIP is information posted by a Tipster on this website in the prescribed manner.
TIPSTER is an individual who posts information on this website in the manner prescribed which information might assist a Publisher in the enforcement of the relevant Judgment.
1. The Publisher is required to provide all of the information necessary to identify any Registering Court office and associated file number sufficient to identify the court from which the relevant Order is to be enforced.
2. In the event that a published Judgment is filed in an additional Registering Court after the publication of the Posting the Publisher will forthwith post the name and location of the court and court file number within the 'Other information' field of each affected JD.
3. By submitting the Posting the Publisher certifies that the Judgment is enforceable against the named JDs and that all the information provided is true to the best of his knowledge and belief.
4. The Publisher is solely responsible for the content of the Posting submitted by it and undertakes to reimburse PEI for all expenses reasonably incurred by PEI that result from any actions brought against it as a result of any Posting the content of which is established to be untrue.
5. Once accepted and upon receipt of the prescribed fee PEI will make the Posting available to the public free of charge for a period of six years subject to the requirement that the Posting be removed from the website when the Judgment is satisfied. This term may be extended for a further six years by the payment of the prescribed fee providing the conditions set forth herein are still met.
6. In the event that there is any claim made that the information contained in a Posting is inaccurate or misleading PEI may require from the Publisher such further information and material, including an affidavit generated by PEI, attesting to the accuracy of the Posting, as it deems necessary to establish the accuracy of all the information included within the Posting. In the event that PEI does not receive the required information or the received information does not satisfy PEI, PEI reserves the right to remove the Posting without compensation to the Publisher.
7. In the event that a Judgment has been satisfied as against an individual JD the Publisher shall remove all information pertaining to that JD. In the event that a Judgment has been satisfied as against all JDs the Publisher shall remove the entire Posting from the website.
8. The Publisher will ensure that PEI has in its database the Publisher’s current mailing address, phone number and email address. In the event that the contact information provided by the Publisher is discovered to be incomplete or invalid or the Publisher does not respond to efforts to contact him then PEI may remove from public display its Posting(s) without compensation to the Publisher. It is acknowledged that in the event that PEI receives any challenge to the accuracy of the published information then it will need to contact the Publisher.
9. In the event that the Publisher indicates within its Posting that it is offering a reward then the Publisher will pay to the Tipster the Reward Amount being 10% of the Amount Collected via any enforcement taken with regard to the asset as identified by the Tipster within the Tip as defined above.
10. In the case of a Publisher who is a JC he is responsible to pay the Reward Amount hereunder regardless of whether he or another JC undertakes the relevant enforcement action. In the case of a Publisher who is a Legal Representative, by publishing the Judgment on this website and by offering a reward he hereby explicitly gives the JC’s undertaking to pay the Reward Amount as herein defined and his personal undertaking to take all actions within his power to assist any Tipster who has earned a reward to collect same from the JC and to pay out to the Tipster who has earned a reward as defined herein the amount of his reward from any monies collected that come under his control first and prior to his taking of any fees owed to him or before any money is paid to the JC(s).
11. A Publisher who publishes Judgment information on this website may do so without offering a reward under this contract. At any time after the publication the Publisher may offer a reward by so indicating within its Posting. Once a reward has been offered it may not be rescinded. Removing the Posting from this site does not relieve the Publisher from its obligation to pay a Reward Amount relating to an enforcement that flows from an asset described in a Tip posted prior to the removal of the Posting.
12. It is understood by all parties that for a Tipster to be eligible for a reward the Tip provided must: contain information sufficient to reasonably identify an asset suitable for an enforcement action, be posted on this website before all other Tips identifying that particular asset, and be posted prior to the Publisher (or any other JC) commencing enforcement proceedings having regard to the asset so identified.
13. The reward is to be payable whether or not the Publisher knew of the asset in question prior to the Tip first identifying that asset. Subject to paragraph 14 below the test to be applied is whether or not an enforcement measure was taken in relation to the asset identified by the Tipster prior to the Tip identifying the relevant asset. If no action was taken prior to the Tip identifying the asset then the reward is to be paid. No reward need be paid in the event that the enforcement action was commenced prior to the relevant Tip being posted.
14. An enforcement action with regard to real property (land) belonging to a JD is deemed to have been taken when a Writ of Seizure and Sale of Land has been filed with the Sheriff in the relevant bailiwick in Ontario or an Order has been registered in any other district in Canada that has the similar effect of placing a lien upon real property belonging to a JD within the bailiwick where the land is situate. Similarly, when the Publisher has previously requisitioned a garnishment of wages addressed to a specific employer any subsequent Tip identifying that employer will not be eligible for a reward under this contract.
15. Notwithstanding this contract the Tipster and the Publisher are free to make whatever arrangement between themselves that they deem appropriate.
16. The Tipster acknowledges responsibility for the information he posts on this website. The Tipster agrees not to post any defamatory information or any information that he knows to be untrue and agrees to confine his Tips to information relevant to the enforcement process.
17. The Tipster agrees to hold PEI harmless and indemnify it in the event of any loss or expense whatsoever incurred by it as a result of information posted by the Tipster on this website which is shown to be untrue or defamatory.
18. PEI reserves the right to remove any Tip posted on this site that it deems to be defamatory or otherwise inappropriate or inconsistent with the purpose of this website.
19. When a Tip is removed from the site by the Tipster or pursuant to paragraph 18 the Tipster who posted the removed Tip loses his eligibility for a reward with regard to that Tip. The Tipster is free to re-post the Tip in an appropriate manner. In the event that PEI receives more than one inappropriate Tip from a single Tipster PEI will be free to block all further Tips from the offending source.
20. In the event that a relevant Order becomes subject to a stay of proceedings the Publisher shall forthwith cause its Posting to indicate such in the appropriate spot on the Judgment Information page.
21. In the event that there is a stay of proceedings as against a JD the Publisher shall forthwith cause its Posting to indicate such in the appropriate place on the JD information page.
22. In the event that a stay as described above is no longer in force and the Judgment is still enforceable the Publisher may then cause the relevant Posting to reflect that fact.
23. A Tipster who provides information and seeks a reward on this site does so with the full knowledge that PEI is in no way responsible to pay any Reward Amount or to enforce or to aid in the enforcement of this contract as between the Publisher and the Tipster.
24. In the event that it is shown that a JC has not paid a Reward Amount as required hereunder then PEI may remove all Postings by the offending Publisher without compensation.
25. All parties to this agreement acknowledge that PEI is not liable for any damages however caused resulting from anything whatsoever to do with the website publicexecutions.ca or anything published or posted thereon by any party and that PEI is free to administer the website as it sees fit at its sole discretion subject to this agreement.
26. Any action brought relating to this contract that names PEI as a party thereto shall be brought in the City of Toronto, in the Province of Ontario.
27. Any action brought relating to this contract that does not name PEI as a party shall be brought in the court of competent jurisdiction closest to where the Publisher resides or carries on business.
28. PEI reserves the right to reject a Posting at its sole discretion and without stating reasons therefore. In the event that PEI rejects a Posting without stating reasons it will return the fee paid to it by the Publisher.
29. The Publisher understands that he may be contacted by PEI at any time and be required to provide such further evidence as PEI deems necessary to confirm the validity of the Judgment and/or JD information published by it. It is understood that PEI may withhold or remove the Posting until such time as PEI receives such corroborating evidence as required by it.
30. The Publisher acknowledges that his contact information may be disclosed by PEI to a Tipster who declares that he has reason to believe a reward is owing and provides evidence of same, or to a JD who declares and provides evidence that the Posting is in violation of this agreement, or pursuant to an order of a court of competent jurisdiction.
31. The Tipster understands that his contact information will be emailed to the Publisher with a copy of his Tip. If the Tipster declines to provide contact information or provides insufficient information to accurately identify and contact him then the Publisher is under no obligation to pay a Reward Amount relating to that Tip even if one is earned.
32. The JC hereby agrees to keep all information regarding the identity of Tipsters confidential and agrees not to disclose any information that may tend to identity any Tipster to anyone without the express written consent of the Tipster or an order of a court of competent jurisdiction compelling the release of such information.
33. In the event there is a conflict with respect to the duties and obligations of a Publisher between the current version of this contract and the version in place at the time of the publication of the relevant Judgment then the version in place at the time of the publication of the relevant Judgment shall prevail.
34. This contract shall be deemed to have been made in Toronto, Ontario whose laws shall govern and will inure to the benefit of the parties hereto.