Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-06-12 and last amended on 2013-08-08. Previous Versions

Marginal note:Action against more than one ship

 In an action against more than one ship in accordance with subsection 43(8) of the Act, each ship shall be named as a defendant in the statement of claim.

Marginal note:Service of statement of claim
  •  (1) Subject to subsection (2), the statement of claim in an action in rem shall be served

    • (a) in respect of a ship or cargo or other property on board a ship, by attaching a certified copy of the statement of claim to some conspicuous part of the ship;

    • (b) in respect of cargo or other property that is not on board a ship, by attaching a certified copy of the statement of claim to the cargo or property;

    • (c) in respect of freight,

      • (i) if the cargo in respect of which the freight is owing is on board a ship, by attaching a certified copy of the statement of claim to a conspicuous part of the ship,

      • (ii) if the cargo in respect of which the freight is owing is not on board a ship, by attaching a certified copy of the statement of claim to the cargo, or

      • (iii) if monies payable for the freight are in the possession of a person, by personal service of the statement of claim on that person; and

    • (d) in respect of any proceeds paid into court in another proceeding, by filing a certified copy of the statement of claim in that proceeding.

  • Marginal note:Alternate service of statement of claim

    (2) If access cannot be obtained to property in respect of which a statement of claim is to be served under subsection (1), the statement of claim may be served personally on a person who appears to be in charge of the property.

Marginal note:Defence of action in rem
  •  (1) An action in rem against a ship or other thing named as a defendant in the action may be defended only by a person who claims to be the owner of the ship or thing or to be otherwise interested therein.

  • Marginal note:Interest to be pleaded

    (2) A defence filed by a person referred to in subsection (1) shall disclose the interest that the person claims in the ship or thing.

Arrest of Property

Marginal note:Warrant for the arrest of property
  •  (1) A designated officer may issue a warrant for the arrest of property in an action in rem, in Form 481, at any time after the filing of a statement of claim.

  • Marginal note:Affidavit

    (2) A party seeking a warrant under subsection (1) shall file an affidavit, entitled "Affidavit to Lead Warrant", stating

    • (a) the name, address and occupation of the party;

    • (b) the nature of the claim and the basis for invoking the in rem jurisdiction of the Court;

    • (c) that the claim has not been satisfied;

    • (d) the nature of the property to be arrested and, where the property is a ship, the name and nationality of the ship and the port to which it belongs; and

    • (e) where, pursuant to subsection 43(8) of the Act, the warrant is sought against a ship that is not the subject of the action, that the deponent has reasonable grounds to believe that the ship against which the warrant is sought is beneficially owned by the person who is the owner of the ship that is the subject of the action.