Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-11-16 and last amended on 2015-01-30. Previous Versions

Marginal note:Costs of motion

 The costs of a motion under rule 449 or 456 and of any related proceedings shall, unless the Court directs otherwise, be retained by the judgment creditor out of the money recovered under the order and in priority to the judgment debt.

Charging Orders

Marginal note:Order for interim charge and show cause
  •  (1) On the ex parte motion of a judgment creditor, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money,

    • (a) make an order imposing an interim charge for securing payment of that sum and any interest thereon

      • (i) on real property or immoveables, or on an interest in real property or immoveables, of a judgment debtor, in Form 458A, or

      • (ii) on any interest to which the judgment debtor is beneficially entitled in any shares, bonds or other securities specified in the order, in Form 458B; and

    • (b) order the judgment debtor to show cause, at a specified time and place, why the charge should not be made absolute.

  • Marginal note:Service of show cause order

    (2) Unless the Court directs otherwise, an order made under subsection (1) shall be served on the judgment debtor and, where the order relates to property referred to in subparagraph (1)(a)(ii), on the corporation, government or other person or entity by whom the securities were issued, at least seven days before the time appointed for the hearing.

Marginal note:Show cause hearing
  •  (1) At a show cause hearing referred to in paragraph 458(1)(b), the Court shall make the interim charge absolute, in Form 459, or discharge it.

  • Marginal note:Enforcement of charging order

    (2) A charge made absolute has the same effect, and is enforceable in the same manner, as a charge made by the judgment debtor.

Marginal note:Disposition by judgment debtor

 No disposition by a judgment debtor of an interest in property subject to an interim or absolute charge under rule 458 or 459 is valid against the judgment creditor.

Marginal note:Transfer of securities prohibited
  •  (1) Unless the Court orders otherwise, no person or entity on whom an order was served under subsection 458(2) shall permit the transfer of any security specified in the order or pay to any person a dividend or any interest payable thereon.

  • Marginal note:Liability of transferor

    (2) If, after service of an order under rule 458, a person or entity on whom it was served makes a transfer or payment prohibited by subsection (1), the person or entity shall be liable to pay to the judgment creditor an amount equal to the value of the security transferred or the amount of the payment made, as the case may be, or as much of it as is sufficient to satisfy the judgment debt.