Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-10-27 and last amended on 2015-01-30. Previous Versions

Marginal note:Discharge or variance of charging order

 The Court may, on the motion of a judgment debtor or any other person with an interest in property subject to an interim or absolute charge under rule 458 or 459, at any time, discharge or vary the charging order on such terms as to costs as it considers just.

Marginal note:Charge on interest in money paid into court
  •  (1) On motion, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money, by order, impose a charge for securing payment of the amount due under the order, and of any interest thereon, on any interest to which the judgment debtor is beneficially entitled in any money paid into court that is identified in the order.

  • Marginal note:Application of rules re other charging orders

    (2) Subsection 458(1) and rules 460 and 462 apply, with such modifications as are necessary, to an order made under this rule.

Marginal note:Ancillary or incidental injunction

 On motion, a judge may grant an injunction ancillary or incidental to a charging order under rule 458 or appoint a receiver to enforce a charge imposed by such an order.

Marginal note:Order prohibiting dealing with funds
  •  (1) The Court, on the motion of a person

    • (a) who has a mortgage or charge on the interest of another person in money paid into court,

    • (b) to whom such an interest has been assigned, or

    • (c) who is a judgment creditor of a person entitled to such an interest,

    may make an order prohibiting the transfer, delivery, payment or other dealing with all or any part of the money, or any income thereon, without prior notice to the moving party.

  • Marginal note:Service of notice of motion

    (2) Notice of a motion under subsection (1) shall be served on every person whose interest may be affected by the order sought.

  • Marginal note:Costs

    (3) On a motion under subsection (1), the Court may order the moving party to pay the costs of any party or of any other person interested in the money in question.

Contempt Orders

Marginal note:Contempt

 Subject to rule 467, a person is guilty of contempt of Court who

  • (a) at a hearing fails to maintain a respectful attitude, remain silent or refrain from showing approval or disapproval of the proceeding;

  • (b) disobeys a process or order of the Court;

  • (c) acts in such a way as to interfere with the orderly administration of justice, or to impair the authority or dignity of the Court;

  • (d) is an officer of the Court and fails to perform his or her duty; or

  • (e) is a sheriff or bailiff and does not execute a writ forthwith or does not make a return thereof or, in executing it, infringes a rule the contravention of which renders the sheriff or bailiff liable to a penalty.