BINGO! Keynote = “after a judgment has been issued”.
Rule 7.0 (sub 17) states… “A judge may dismiss the claim or make a payment order or other appropriate order against a party who does not attend a settlement conference.” I read this rule as meaning if the claimant does not appear, the claim may be dismissed and that if the defendant does not appear, an order for payment against the defendant could be awarded.
Rule 13 deals with a Default Hearing, and under (sub 9) of that rule, it states… “If the creditor asks, the judge may issue a warrant (Form 9) for the arrest of a person who does not attend a default hearing and who was (a) served with a summons to attend, or (b) ordered in person by a judge to attend.” Without a copy of the Court Order Enforcement Act, I can only take Rule 13 as stemming from a Default Judgment being granted prior to the rule being applied. In other words, I would assume that Rule 13 would only apply AFTER a settlement conference has been conducted. (See Rule 7 Settlement Conference).
Hence, I guess anything is possible, including a bench warrent for arrest on executing a judgment. I do remain firm though that I have never seen/heard of judge ordering this warrant in a small claims matter. Since this does exist, or so it appears, I guess my question would be… who is responsible for the court costs of the judge issuing the warrant?