Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-09-01 and last amended on 2013-08-08. Previous Versions

Marginal note:Offer to contribute

 Subsection 420(2) applies to a third party, or to one of two or more defendants who are alleged to be jointly and severally liable to the plaintiff in respect of a claim, who makes a written offer to other defendants or third parties to contribute toward a settlement of the claim.

Marginal note:Disclosure of offer to Court

 No communication respecting an offer to settle or offer to contribute shall be made to the Court, other than to a case management judge or prothonotary assigned under rule 383(c) or to a judge or prothonotary at a pre-trial conference, until all questions of liability and the relief to be granted, other than costs, have been determined.

PART 12ENFORCEMENT OF ORDERS

General

Marginal note:Where brought

 All matters relating to the enforcement of orders shall be brought before the Federal Court.

  • SOR/2004-283, s. 33.
Marginal note:Enforcement of order of tribunal
  •  (1) Where under an Act of Parliament the Court is authorized to enforce an order of a tribunal and no other procedure is required by or under that Act, the order may be enforced under this Part.

  • Marginal note:Filing of order

    (2) An order referred to in subsection (1) shall be filed together with a certificate from the tribunal, or an affidavit of a person authorized to file such an order, attesting to the authenticity of the order.

Marginal note:Enforcement of order for payment of money

 An order for the payment of money may be enforced by

  • (a) a writ of seizure and sale in Form 425A;

  • (b) garnishment proceedings;

  • (c) a charging order;

  • (d) the appointment of a receiver; and

  • (e) in respect of a person referred to in rule 429, a writ of sequestration in Form 425B.

Marginal note:Examination of judgment debtor

 A person who has obtained an order for the payment of money may conduct an oral examination of the judgment debtor or, if the judgment debtor is a body corporate, of an officer thereof, as to the assets of the judgment debtor.

Marginal note:Possession of land
  •  (1) An order for possession of real property or immoveables may be enforced by

    • (a) a writ of possession, in Form 427; and

    • (b) in respect of a person referred to in rule 429, an order of committal or a writ of sequestration, or both.

  • Marginal note:Limitation

    (2) A writ of possession shall be issued only if the Court is satisfied that every person in possession of the whole or any part of the real property or immoveables has received notice sufficient to enable the person to apply to the Court for any relief to which the person may be entitled.