Federal Courts Rules (SOR/98-106)

Marginal note:Payment out of money paid into court

491. On a motion for payment out of any money paid into court under subsection 490(4), the Court may

• (a) determine the rights of all claimants thereto;

• (b) order payment of all or part of the money to any claimant; and

• (c) order immediate payment of any fees or costs of the sheriff in connection with the arrest, custody, appraisal or sale of property, including expenses incurred in maintaining the property between the time of arrest and the sale of the property.

Marginal note:Directions

• 492. (1) The Court may, in making an order under rule 490 or 491 or at any time thereafter, give directions as to

  • (a) notice to be given to possible claimants to the proceeds of sale;

  • (b) advertising for other such claimants;

  • (c) the time within which claimants must file their claims; and

  • (d) the procedure to be followed in determining the rights of the parties.

• Marginal note:Claims barred

  (2) A claim that is not made within the time limited and in the manner prescribed by an order of the Court under subsection (1) is barred, and the Court may proceed to determine other claims and distribute the money among the parties entitled thereto without reference to any claim so barred.

Marginal note:Caveat warrant

• 493. (1) A person who desires to prevent the arrest of property shall serve and file a caveat warrant in Form 493A undertaking to give, within three days after being required to do so, bail in respect of any action that has been, or may be, brought against the property.

• Marginal note:Caveat release

  (2) A person who desires to prevent the release of any property under arrest shall serve and file a caveat release in Form 493B.

• Marginal note:Caveat payment

  (3) A person who desires to prevent the payment of money out of court shall serve and file a caveat payment in Form 493C.

• Marginal note:Service of caveat

  (4) A caveat under subsection (1), (2) or (3) shall be served on all parties and caveators.

• Marginal note:Caveat by non-party

  (5) Where a person filing a caveat under this rule is not a party to the action, the caveat shall state the person's name and provide an address for service.

Marginal note:Liability of person requesting warrant

• 494. (1) A person at whose instance a warrant is issued for the arrest of property in respect of which there is a caveat warrant outstanding is liable to payment of all resulting costs and damages, unless the person can satisfy the Court that the person should not be liable therefor.

• Marginal note:Liability of party requesting caveat

  (2) A person who files a caveat release or caveat payment is liable to payment of all resulting costs and damages, unless the person can satisfy the Court that the person should not be liable therefor.