Legal Committal Instructions

LEGAL COMMITTAL INSTRUCTIONS

Client Name:    Solicitor Name:

Solicitor Firm:    Instruction Date:

Recitals

WHEREAS the Client is a judgment creditor or the holder of an order described below and requires legal representation to enforce compliance with that order;

WHEREAS an order or judgment was entered in bearing reference dated against (Respondent);

WHEREAS the Client instructs the Solicitor to commence committal or enforcement proceedings, as necessary, to secure compliance with the Order and seeks authority to take specified enforcement steps.

NOW THEREFORE

In consideration of the mutual covenants set forth herein, the Client and Solicitor agree as follows.

1. Definitions

In this document: (a) "Order" means the order or judgment identified above; (b) "Proceedings" means any application, originating process, contempt or committal proceedings or ancillary enforcement measures undertaken to enforce the Order; (c) "Costs" means legal fees, disbursements and out‑of‑pocket expenses incurred by the Solicitor.

2. Instructions and Scope of Authority

The Client authorizes the Solicitor to:

1. Commence and prosecute Proceedings on behalf of the Client, including preparing and filing all necessary court documents, affidavits and supporting material.
2. Attend court and appear on behalf of the Client, apply for warrants of committal, bench warrants, or such interim relief as the Solicitor reasonably considers necessary to enforce the Order.
3. Engage and instruct process servers, enforcement officers or other third parties and disclose such portions of the Client's file as necessary for enforcement, subject to clause 6 below.

The Client authorizes the Solicitor to take the actions described above without further instruction where delay would prejudice enforcement or incur additional loss, provided the Solicitor notifies the Client as soon as practicable.

3. Particulars of Alleged Non‑Compliance

The Client confirms that the facts set out in the above particulars are true to the best of the Client's knowledge and that the Client will make witnesses and original documents available as required by the Solicitor.

4. Particulars of Order or Judgment

5. Costs, Retainer and Payment

The Client agrees to pay the Solicitor's Fees and Costs. The Solicitor shall require an initial retainer in the sum of which will be held in trust and drawn against as work is performed.

The Client further agrees to indemnify and hold the Solicitor harmless from any Costs incurred in relation to the Proceedings, including reasonable fees of process servers, enforcement agents and counsel engaged on the Solicitor's instructions.

6. Settlement and Instructions on Compromise

The Solicitor shall not enter into any settlement, compromise or consent order that materially affects the Client's rights or the integrity of the Order without prior written or electronic consent from the Client. Settlement authority is limited to amounts up to unless otherwise agreed in writing.

7. Confidentiality and Disclosure

The Solicitor will keep the Client's affairs confidential except to the extent disclosure is required or permitted by law, court order, or is reasonably necessary to effect enforcement, including disclosure to enforcement officers, process servers or expert advisers.

Client authorizes disclosure to third parties as necessary: (check to authorize)

8. Notices

Any notice under this agreement shall be in writing and delivered by hand, sent by registered mail, or transmitted by electronic mail to the addresses provided above and shall be effective pursuant to the applicable rules of civil procedure.

9. Amendments; Waiver

No amendment, variation or waiver of any provision of these instructions shall be effective unless made in writing and signed by both the Client and the Solicitor. Failure to enforce any right shall not constitute a waiver of that right.

10. Governing Law; Entire Agreement; Severability

These instructions are governed by and shall be construed in accordance with the substantive laws of the jurisdiction in which the Order was made. These instructions constitute the entire agreement between the parties relating to the subject matter and supersede all prior agreements and understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

11. Counterparts

These instructions may be executed in counterparts and delivered by electronic transmission and all such counterparts together shall constitute one and the same instrument.

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