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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2022-11-16 and last amended on 2022-01-13. Previous Versions

FORM 458ARule 458Interim Charging Order — Real Property or Immoveables

(General Heading — Use Form 66)

Interim Charging Order — Real Property or Immoveables

WHEREAS by a judgment (or order) made on (date) the defendant (or as the case may be) was ordered to pay to the plaintiff (or as the case may be) the sum of $ (amount) and $ (amount) in costs;

WHEREAS the sum of $ (amount) remains due and unpaid;

AND WHEREAS the defendant (or as the case may be) owns real property or immoveables, or holds an interest in the real property, including a beneficial interest, or holds an immoveable right or a claim to the immoveables, more particularly described in the schedule to this order;

IT IS ORDERED that unless sufficient reasons to the contrary are shown before the (date) at (time) when this matter will be further considered by the Court at (place), the defendant’s (or as the case may be) real property or immoveables, or their interest in the real property, including their beneficial interest, or their immoveable right or their claim to the immoveables, including their right or claim as a beneficiary under a trust or succession, shall — and it is ordered that in the meantime it does — stand charged with the payment of $ (amount) including any interest due on the judgment (or order) together with the costs of this motion.

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(Signature of judge or prothonotary)

Schedule

(Describe, with full particulars, the relevant real property or immoveables, the relevant interest in real property or the relevant right or claim in the immoveables.)

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