Marginal note:Order to identify property

• 378. (1) An order under subsection 377(1) shall

  • (a) identify the property to be kept or preserved;

  • (b) state where, by whom, for how long and at whose cost the property is to be kept or preserved; and

  • (c) if the property is to be insured, state at whose expense it shall be insured.

• Marginal note:Scope of order

  (2) An order under subsection 377(1) shall be directed solely to the protection of the property in question.

Marginal note:Sale of perishable or deteriorating property

379. Where any property, other than real property or immoveables, that is the subject-matter of a proceeding or the subject of a question that may arise in a proceeding

• (a) is of a perishable nature,

• (b) is likely to deteriorate if kept, or

• (c) should for any other reason be sold without delay,

on motion, the Court may order the sale of the property, in such a manner and on such conditions as may be specified in the order.

Marginal note:Actions — Federal Court

• 380. (1) If, in an action commenced in the Federal Court,

  • (a) 180 days have elapsed since the issuance of the statement of claim and no statement of defence has been filed and no motion for default judgement is pending, the Administrator shall issue a notice of status review, in Form 380, to the parties; or

  • (b) 360 days have elapsed since the issuance of the statement of claim and no requisition for a pre-trial conference has been filed, the Court shall order that the action continue as a specially managed proceeding and may make an order under rule 385.

• Marginal note:Applications — Federal Court

  (2) If, in an application commenced in the Federal Court, 180 days have elapsed since the issuance of the notice of application and no requisition for a hearing date has been filed, the Court may

  • (a) issue a notice of status review, in Form 380, to the parties; or

  • (b) order that the application continue as a specially managed proceeding and may make an order under rule 385.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to an action or an application continued as a specially managed proceeding or in respect of which a motion to continue the proceeding as a specially managed proceeding is pending.

Marginal note:Filing of timetable

381. If the Court orders that an action or an application continue as a specially managed proceeding under paragraph 380(1)(b) or (2)(b), and no order under rule 385 has been made in accordance with that paragraph, the plaintiff or applicant, within 20 days of the date of the order, shall serve and file a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.