Federal Courts Rules (SOR/98-106)

Marginal note:Interpleader

• 108. (1) Where two or more persons make conflicting claims against another person in respect of property in the possession of that person and that person

  • (a) claims no interest in the property, and

  • (b) is willing to deposit the property with the Court or dispose of it as the Court directs,

  that person may bring an ex parte motion for directions as to how the claims are to be decided.

• Marginal note:Directions

  (2) On a motion under subsection (1), the Court shall give directions regarding

  • (a) notice to be given to possible claimants and advertising for claimants;

  • (b) the time within which claimants shall be required to file their claims; and

  • (c) the procedure to be followed in determining the rights of the claimants.

Marginal note:Leave to intervene

• 109. (1) The Court may, on motion, grant leave to any person to intervene in a proceeding.

• Marginal note:Contents of notice of motion

  (2) Notice of a motion under subsection (1) shall

  • (a) set out the full name and address of the proposed intervener and of any solicitor acting for the proposed intervener; and

  • (b) describe how the proposed intervener wishes to participate in the proceeding and how that participation will assist the determination of a factual or legal issue related to the proceeding.

• Marginal note:Directions

  (3) In granting a motion under subsection (1), the Court shall give directions regarding

  • (a) the service of documents; and

  • (b) the role of the intervener, including costs, rights of appeal and any other matters relating to the procedure to be followed by the intervener.

Marginal note:Notice to Attorney General

110. Where a question of general importance is raised in a proceeding, other than a question referred to in section 57 of the Act,

• (a) any party may serve notice of the question on the Attorney General of Canada and any attorney general of a province who may be interested;

• (b) the Court may direct the Administrator to bring the proceeding to the attention of the Attorney General of Canada and any attorney general of a province who may be interested; and

• (c) the Attorney General of Canada and the attorney general of a province may apply for leave to intervene.

Marginal note:Unincorporated associations

111. A proceeding may be brought by or against an unincorporated association in the name of the association.