What is the test for an application to have a writ of execution returned to the issuing court?
Saskatchewan, Canada
The following excerpt is from Piroth v. Kalinocha, 1985 CanLII 2553 (SK QB):
For the reasons set out above, and as indicated, the application must fail. In so doing I have not found it necessary to deal with the questions raised in the above authorities and in Grills v. Farah (1910), 21 O.L.R. 454, and in Re Schere (1911), 4 S.L.R. 51, as to (1) does the writ itself have to be returned to the issuing court, and (2) does there have to be evidence before me as to the efforts of the sheriff to realize on the writ of execution.
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