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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

PART 12Enforcement of Orders (continued)

Garnishment Proceedings

Marginal note:Garnishment

  •  (1) Subject to rules 452 and 456, on the ex parte motion of a judgment creditor, the Court may order

    • (a) that

      • (i) a debt owing or accruing from a person in Canada to a judgment debtor, or

      • (ii) a debt owing or accruing from a person outside Canada to a judgment debtor, where the debt is one for which the person might be sued in Canada by the judgment debtor,

      be attached to answer the judgment debt; and

    • (b) that the person attend, at a specified time and place, to show cause why the person should not pay to the judgment creditor the debt or any lesser amount sufficient to satisfy the judgment.

  • Marginal note:Service of show cause order

    (2) An order to show cause made under subsection (1) shall be served, at least seven days before the time appointed for showing cause,

    • (a) on the garnishee personally; and

    • (b) unless the Court directs otherwise, on the judgment debtor.

  • Marginal note:Debts bound as of time of service

    (3) Subject to rule 452, an order under subsection (1) binds the debts attached as of the time of service of the order.

Marginal note:Payment into court by garnishee

 A garnishee may admit liability and pay into court a debt due to a judgment debtor, or as much thereof as is sufficient to satisfy the judgment, notice of which shall be given to the judgment creditor.

Marginal note:Garnishment order

  •  (1) Where a garnishee has not made a payment into court under rule 450 and does not dispute the debt claimed to be due to the judgment debtor, or does not appear pursuant to a show cause order made under subsection 449(1), on motion, the Court may make an order for payment to the judgment creditor or payment into court of the debt.

  • Marginal note:Order for future payment

    (2) Where a debt owed to a judgment debtor is not payable at the time an order is sought under subsection 449(1), an order may be made for payment of the debt to the judgment creditor under subsection (1) as at the time the debt becomes payable.

  • Marginal note:Enforcement of garnishment order

    (3) An order under subsection (1) may be enforced in the same manner as any other order for the payment of money.

Marginal note:Exemption from seizure

 Where a debt due or accruing to a judgment debtor is in respect of wages or salary, no portion thereof that is exempt from seizure or attachment under the law of the province where the debt is payable shall be attached under an order made under rule 449.

Marginal note:Summary determination of liability

 Where a garnishee disputes liability to pay a debt claimed to be due or accruing to the judgment debtor, the Court may summarily determine any question of liability of the garnishee or order that it be determined in such a manner as the Court may direct.

Marginal note:Discharge of liability

 A payment made under rule 450 by a garnishee or in compliance with an order under rule 449, and any execution levied against a garnishee under such an order, constitutes a valid discharge of the garnishee’s liability to the judgment debtor to the extent of the amount paid or levied, notwithstanding that the attachment is later set aside or that the order from which it arose is later reversed.

Marginal note:Order for other person to attend

  •  (1) If, on a motion under rule 449, it is brought to the notice of the Court that a person other than the judgment debtor has or claims to have an interest in the debt sought to be attached, the Court may order the person to attend before the Court and state the nature of his or her interest.

  • Marginal note:Determination of validity of claim

    (2) After hearing a person who attends before the Court under an order made under subsection (1), the Court may summarily determine the questions at issue between the claimants or order that it be determined in such a manner as the Court may direct.

  • SOR/2005-340, s. 2

Marginal note:Payment of money in court

  •  (1) Where money is standing to the credit of a judgment debtor in court, the judgment creditor shall not bring a motion under rule 449 in respect of the money, but may bring a motion for an order that the money, or a lesser amount sufficient to satisfy the order sought to be enforced and the costs of the motion, be paid to the judgment creditor.

  • Marginal note:Limitation

    (2) Money to which a motion under subsection (1) relates shall not be paid out of court until after the determination of the motion.

  • Marginal note:Service of notice of motion

    (3) Unless the Court directs otherwise, notice of a motion under subsection (1) shall be served on the judgment debtor and filed at least seven days before the day fixed for the hearing of the motion.

Marginal note:Costs of motion

 The costs of a motion under rule 449 or 456 and of any related proceedings shall, unless the Court directs otherwise, be retained by the judgment creditor out of the money recovered under the order and in priority to the judgment debt.

Charging Orders

Marginal note:Order for interim charge and show cause

  •  (1) On the ex parte motion of a judgment creditor, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money,

    • (a) make an order imposing an interim charge for securing payment of that sum and any interest thereon

      • (i) on real property or immoveables, or on an interest in real property or immoveables, of a judgment debtor, in Form 458A, or

      • (ii) on any interest to which the judgment debtor is beneficially entitled in any shares, bonds or other securities specified in the order, in Form 458B; and

    • (b) order the judgment debtor to show cause, at a specified time and place, why the charge should not be made absolute.

  • Marginal note:Service of show cause order

    (2) Unless the Court directs otherwise, an order made under subsection (1) shall be served on the judgment debtor and, where the order relates to property referred to in subparagraph (1)(a)(ii), on the corporation, government or other person or entity by whom the securities were issued, at least seven days before the time appointed for the hearing.

Marginal note:Show cause hearing

  •  (1) At a show cause hearing referred to in paragraph 458(1)(b), the Court shall make the interim charge absolute, in Form 459, or discharge it.

  • Marginal note:Enforcement of charging order

    (2) A charge made absolute has the same effect, and is enforceable in the same manner, as a charge made by the judgment debtor.

Marginal note:Disposition by judgment debtor

 No disposition by a judgment debtor of an interest in property subject to an interim or absolute charge under rule 458 or 459 is valid against the judgment creditor.

Marginal note:Transfer of securities prohibited

  •  (1) Unless the Court orders otherwise, no person or entity on whom an order was served under subsection 458(2) shall permit the transfer of any security specified in the order or pay to any person a dividend or any interest payable thereon.

  • Marginal note:Liability of transferor

    (2) If, after service of an order under rule 458, a person or entity on whom it was served makes a transfer or payment prohibited by subsection (1), the person or entity shall be liable to pay to the judgment creditor an amount equal to the value of the security transferred or the amount of the payment made, as the case may be, or as much of it as is sufficient to satisfy the judgment debt.

Marginal note:Discharge or variance of charging order

 The Court may, on the motion of a judgment debtor or any other person with an interest in property subject to an interim or absolute charge under rule 458 or 459, at any time, discharge or vary the charging order on such terms as to costs as it considers just.

Marginal note:Charge on interest in money paid into court

  •  (1) On motion, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money, by order, impose a charge for securing payment of the amount due under the order, and of any interest thereon, on any interest to which the judgment debtor is beneficially entitled in any money paid into court that is identified in the order.

  • Marginal note:Application of rules re other charging orders

    (2) Subsection 458(1) and rules 460 and 462 apply, with such modifications as are necessary, to an order made under this rule.

 
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