Federal Courts Rules (SOR/98-106)

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Regulations are current to 2018-10-24 and last amended on 2015-01-30. Previous Versions

PART 11Costs (continued)

Security for Costs (continued)

Marginal note:Grounds for refusing security

 The Court may refuse to order that security for costs be given under any of paragraphs 416(1)(a) to (g) if a plaintiff demonstrates impecuniosity and the Court is of the opinion that the case has merit.

Marginal note:How security to be given

 Where a person is required under these Rules or an Act of Parliament to give security for costs or for any other purpose, unless otherwise ordered by the Court or required by that Act, the person may do so

  • (a) by paying the required amount into court; or

  • (b) by filing a bond for the required amount that has been approved by an order of the Court.

Offer to Settle

Marginal note:Application to other proceedings

 Rules 420 and 421 apply, with such modifications as are necessary, to parties bringing and defending counterclaims and third party claims, to applicants and respondents in an application and to appellants and respondents in an appeal.

Marginal note:Consequences of failure to accept plaintiff’s offer

  •  (1) Unless otherwise ordered by the Court and subject to subsection (3), where a plaintiff makes a written offer to settle and obtains a judgment as favourable or more favourable than the terms of the offer to settle, the plaintiff is entitled to party-and-party costs to the date of service of the offer and costs calculated at double that rate, but not double disbursements, after that date.

  • Marginal note:Consequences of failure to accept defendant’s offer

    (2) Unless otherwise ordered by the Court and subject to subsection (3), where a defendant makes a written offer to settle,

    • (a) if the plaintiff obtains a judgment less favourable than the terms of the offer to settle, the plaintiff is entitled to party-and-party costs to the date of service of the offer and the defendant shall be entitled to costs calculated at double that rate, but not double disbursements, from that date to the date of judgment; or

    • (b) if the plaintiff fails to obtain judgment, the defendant is entitled to party-and-party costs to the date of the service of the offer and to costs calculated at double that rate, but not double disbursements, from that date to the date of judgment.

  • Marginal note:Conditions

    (3) Subsections (1) and (2) do not apply unless the offer to settle

    • (a) is made at least 14 days before the commencement of the hearing or trial; and

    • (b) is not withdrawn and does not expire before the commencement of the hearing or trial.

  • SOR/2005-340, s. 1.

Marginal note:Offers without costs

  •  (1) In circumstances where a written offer to settle does not provide for the settlement of the issue of costs, if a party requests the Court to consider rule 420, the Court, in ascertaining whether the judgment granted is more or less favourable than the offer to settle, shall not have regard to costs awarded in the judgment or that would otherwise be awarded.

  • Marginal note:Application to court

    (2) For greater certainty, if a written offer to settle that does not provide for the settlement of the issue of costs is accepted, a party to the offer may apply to the Court for an order determining costs.

  • SOR/2005-340, s. 1.

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.

Marginal note:Delivery of personal property and movables

  •  (1) An order for the delivery of personal property or movables that does not give the person against whom the order is made the alternative of paying an amount equal to the value of the personal property or movables may be enforced by

    • (a) a writ of delivery to recover the personal property or movables, in Form 428; 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:Delivery of personal property or movables or amount equal to value

    (2) An order for the delivery of personal property or movables or the payment of an amount equal to their value may be enforced by

    • (a) a writ of delivery to recover the personal property or movables or an amount equal to their value, in Form 428; and

    • (b) in respect of a person referred to in rule 429, a writ of sequestration.

Marginal note:Writ of sequestration and order of committal

  •  (1) Where a person who is required by an order to perform an act within a specified time refuses or neglects to do so within that time, or where a person disobeys an order to abstain from doing an act, the order may, with the leave of the Court, be enforced by

    • (a) a writ of sequestration against the property of the person;

    • (b) where the person is a corporation, a writ of sequestration against the property of any director or officer of the corporation; and

    • (c) subject to subsection (2), in respect of an order other than for payment of money, an order of committal against the person or, where the person is a body corporate, against any director or officer of the corporation.

  • Marginal note:Limitation

    (2) Where under an order requiring the delivery of personal property or movables a person who is liable to execution has the alternative of paying an amount equal to the value of the personal property or movables, the order shall not be enforced by an order of committal.

Marginal note:Personal service required

 Unless the Court orders otherwise, an order shall not be enforced against a person under rule 429 unless the order has been personally served on the person.

 
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