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  1. Federal Courts Rules - SOR/98-106 (FORM 490 : Commission of Appraisal or Sale)
    Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court

    [...]

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    (or SALE, or APPRAISAL AND SALE, as the case may be)

    TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

    WHEREAS this Court has ordered that the ship (name), (or her cargo or as the case may be) be appraised (and/or sold),

    [...]

    YOU ARE DIRECTED

    • (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the (ship or cargo, etc., as the case may be) according to its true value; and

    [...]

    YOU ARE DIRECTED to cause the ship (name), (or her cargo or as the case may be) to be sold at public auction for the highest price that can be obtained for it.

    [...]

    YOU ARE DIRECTED

    • (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the said ship (name), (or her cargo or as the case may be) according to the true value thereof; and

    • (b) upon a certificate of such value having been reduced into writing, and signed by yourself and by the appraiser(s), to cause the ship (her cargo or as the case may be) to be sold by (public auction or private sale) for the highest price that can be obtained for it, but no less than the appraised value unless the Court orders otherwise.

    YOU ARE FURTHER DIRECTED, as soon as the sale has been completed, to pay the proceeds thereof into Court and to file the certificate of appraisement and an account of the sale signed by you, together with this commission.

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  2. Federal Courts Rules - SOR/98-106 (Section 70)
    Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court
    Marginal note:Memorandum of fact and law

    • 70 (1) A memorandum of fact and law shall contain, in consecutively numbered paragraphs,

      • (a) a concise statement of fact, as Part I of the memorandum;

      • (b) a statement of the points in issue, as Part II of the memorandum;

      • (c) a concise statement of submissions, as Part III of the memorandum;

      • (d) a concise statement of the order sought, including any order concerning costs, as Part IV of the memorandum;

      • (e) a list of the authorities to be referred to, as Part V of the memorandum;

      • (f) in a proceeding other than an appeal, the provisions of any statutes or regulations cited or relied on that have not been reproduced in another party’s memorandum, as Appendix A to the memorandum; and

      • (g) in a proceeding other than an appeal, a book of the authorities to be referred to that have not been included in another party’s book of authorities, as Appendix B to the memorandum.

    • [...]

    • Marginal note:Exception — combined memorandum

      (5) Despite subsection (4), if a respondent serves and files a single memorandum of fact and law as appellant by cross-appeal as part of the respondent’s memorandum of fact and law, it shall not exceed 60 pages in length exclusive of Part V and appendices.

    [...]


  3. Federal Courts Rules - SOR/98-106 (Section 2)
    Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court

    2 The following definitions apply in these Rules.

    applicant

    applicant

    • (a) except in the case of an application that has been certified as a class proceeding, includes a person on whose behalf an application is commenced; and

    • (b) in the case of an application that has been certified as a class proceeding, means

      [...]

    Court

    Court  means, as the circumstances require,

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    holiday

    holiday  means

    intervener

    intervener  means a person who has been granted status as an intervener under rule 109. (intervenant)

    plaintiff

    plaintiff

    • (a) except in the case of an action that has been certified as a class proceeding, includes a person on whose behalf an action is commenced; and

    • (b) in the case of an action that has been certified as a class proceeding, means

      [...]

    solicitor of record

    solicitor of record  means a solicitor of record as described in rule 123 or 124. (avocat inscrit au dossier)

    tribunal

    tribunal  has the same meaning as federal board, commission or other tribunal  in the Act. (Version anglaise seulement)

    [...]


  4. Federal Courts Rules - SOR/98-106 (Section 2)
    Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court

    2 The following definitions apply in these Rules.

    applicant

    applicant

    • (a) except in the case of an application that has been certified as a class proceeding, includes a person on whose behalf an application is commenced; and

    • (b) in the case of an application that has been certified as a class proceeding, means

      [...]

    Court

    Court  means, as the circumstances require,

    [...]

    holiday

    holiday  means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act. (jour férié)

    intervener

    intervener  means a person who has been granted status as an intervener under rule 109. (intervenant)

    plaintiff

    plaintiff

    • (a) except in the case of an action that has been certified as a class proceeding, includes a person on whose behalf an action is commenced; and

    • (b) in the case of an action that has been certified as a class proceeding, means

      [...]

    tribunal

    tribunal  has the same meaning as federal board, commission or other tribunal  in the Act. (Version anglaise seulement)

    [...]


  5. Federal Courts Rules - SOR/98-106 (Section 490)
    Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court
    Marginal note:Disposition of arrested property

    • 490 (1) On motion, the Court may order, in respect of property under arrest, that

      • [...]

      • (b) the property be advertised for sale in accordance with such directions as may be set out in the order, which may include a direction that

        [...]

      • [...]

      • (d) an agent be employed to sell the property, subject to such conditions as are stipulated in the order or subject to subsequent approval by the Court, on such terms as to compensation of the agent as may be stipulated in the order;

      • [...]

      • (h) where the property is perishable, it be disposed of on such terms as the Court may order; or

    • [...]

    • Marginal note:Execution of commission

      (4) As soon as possible after the execution of a commission referred to in subsection (2), the sheriff shall

      [...]


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