Federal Courts Rules (SOR/98-106)

Marginal note:Availability

• 373. (1) On motion, a judge may grant an interlocutory injunction.

• Marginal note:Undertaking to abide by order

  (2) Unless a judge orders otherwise, a party bringing a motion for an interlocutory injunction shall undertake to abide by any order concerning damages caused by the granting or extension of the injunction.

• Marginal note:Expedited hearing

  (3) Where it appears to a judge that the issues in a motion for an interlocutory injunction should be decided by an expedited hearing of the proceeding, the judge may make an order under rule 385.

• Marginal note:Evidence at hearing

  (4) A judge may order that any evidence submitted at the hearing of a motion for an interlocutory injunction shall be considered as evidence submitted at the hearing of the proceeding.

Marginal note:Interim injunction

• 374. (1) A judge may grant an interim injunction on an ex parte motion for a period of not more than 14 days where the judge is satisfied

  • (a) in a case of urgency, that no notice is possible; or

  • (b) that to give notice would defeat the purpose of the motion.

• Marginal note:Extension

  (2) A motion to extend an interim injunction that was granted on an ex parte motion may be brought only on notice to every party affected by the injunction, unless the moving party can demonstrate that a party has been evading service or that there are other sufficient reasons to extend the interim injunction without notice to the party.

• Marginal note:Limitation

  (3) Where a motion to extend an interim injunction under subsection (2) is brought ex parte, the extension may be granted for a further period of not more than 14 days.

Marginal note:Motion to appoint receiver

• 375. (1) On motion, a judge may appoint a receiver in any proceeding.

• Marginal note:Remuneration and security

  (2) An order under subsection (1) shall set out the remuneration to be paid to, and the amount of security to be given by, the receiver.

Marginal note:Approval of receiver's accounts

376. A receiver appointed under rule 375 shall, by motion to the Court, seek approval of the receiver's accounts on an annual basis.

Marginal note:Motion for order in respect of property

• 377. (1) On motion, the Court may make an order for the custody or preservation of property that is, or will be, the subject-matter of a proceeding or as to which a question may arise therein.

• Marginal note:Interim order

  (2) Rule 374 applies to interim orders for the custody or preservation of property referred to in subsection (1), with such modifications as the circumstances require.