PART 12Enforcement of Orders (continued)
Charging Orders (continued)
Marginal note:Ancillary or incidental injunction
464 On motion, a judge may grant an injunction ancillary or incidental to a charging order under rule 458 or appoint a receiver to enforce a charge imposed by such an order.
Marginal note:Order prohibiting dealing with funds
(a) who has a mortgage or charge on the interest of another person in money paid into court,
(b) to whom such an interest has been assigned, or
(c) who is a judgment creditor of a person entitled to such an interest,
may make an order prohibiting the transfer, delivery, payment or other dealing with all or any part of the money, or any income thereon, without prior notice to the moving party.
Marginal note:Service of notice of motion
(2) Notice of a motion under subsection (1) shall be served on every person whose interest may be affected by the order sought.
(3) On a motion under subsection (1), the Court may order the moving party to pay the costs of any party or of any other person interested in the money in question.
466 Subject to rule 467, a person is guilty of contempt of Court who
(a) at a hearing fails to maintain a respectful attitude, remain silent or refrain from showing approval or disapproval of the proceeding;
(b) disobeys a process or order of the Court;
(c) acts in such a way as to interfere with the orderly administration of justice, or to impair the authority or dignity of the Court;
(d) is an officer of the Court and fails to perform his or her duty; or
(e) is a sheriff or bailiff and does not execute a writ forthwith or does not make a return thereof or, in executing it, infringes a rule the contravention of which renders the sheriff or bailiff liable to a penalty.
Marginal note:Right to a hearing
467 (1) Subject to rule 468, before a person may be found in contempt of Court, the person alleged to be in contempt shall be served with an order, made on the motion of a person who has an interest in the proceeding or at the Court’s own initiative, requiring the person alleged to be in contempt
(a) to appear before a judge at a time and place stipulated in the order;
(b) to be prepared to hear proof of the act with which the person is charged, which shall be described in the order with sufficient particularity to enable the person to know the nature of the case against the person; and
(c) to be prepared to present any defence that the person may have.
Marginal note:Ex parte motion
(2) A motion for an order under subsection (1) may be made ex parte.
Marginal note:Burden of proof
(3) An order may be made under subsection (1) if the Court is satisfied that there is a prima facie case that contempt has been committed.
Marginal note:Service of contempt order
(4) An order under subsection (1) shall be personally served, together with any supporting documents, unless otherwise ordered by the Court.
Marginal note:Contempt in presence of a judge
468 In a case of urgency, a person may be found in contempt of Court for an act committed in the presence of a judge and condemned at once, if the person has been called on to justify his or her behaviour.
Marginal note:Burden of proof
469 A finding of contempt shall be based on proof beyond a reasonable doubt.
Marginal note:Evidence to be oral
Marginal note:Testimony not compellable
(2) A person alleged to be in contempt may not be compelled to testify.
Marginal note:Assistance of Attorney General
471 Where the Court considers it necessary, it may request the assistance of the Attorney General of Canada in relation to any proceedings for contempt.
472 Where a person is found to be in contempt, a judge may order that
(a) the person be imprisoned for a period of less than five years or until the person complies with the order;
(b) the person be imprisoned for a period of less than five years if the person fails to comply with the order;
(c) the person pay a fine;
(d) the person do or refrain from doing any act;
(e) in respect of a person referred to in rule 429, the person’s property be sequestered; and
(f) the person pay costs.
Process of the Court
Marginal note:To whom process may be issued
473 (1) Where there is no sheriff or a sheriff is unable or unwilling to act, a process, including a warrant for arrest of property under rule 481, may be issued to any person to whom a process of a superior court of the province in which the process is to be executed could be issued.
Marginal note:Execution of process
(2) Where a process is issued to a sheriff, it may, at the sheriff’s direction, be executed by a person authorized under provincial law to execute the process of a superior court of the province in which the process is to be executed.
Marginal note:Certificate of judgment
(a) where no appeal of the order has been instituted, the time allowed by law for an appeal from the order has expired, or
(b) where there has been an appeal from the order, the order has been affirmed or varied on appeal,
the Administrator shall issue a certificate of judgment accordingly.
Marginal note:Delivery of certificate
(2) A certificate issued under subsection (1) shall be transmitted by the Administrator to the office of the Deputy Attorney General of Canada.
PART 13Admiralty Actions
Application of this Part
Marginal note:Application of other rules
(2) Except to the extent that they are inconsistent with this Part, the rules applicable to other actions apply to Admiralty actions.
Definition of designated officer
476 In this Part, designated officer means an officer of the Registry designated by an order of the Court.
Actions In Rem and In Personam
Marginal note:Types of admiralty actions
Marginal note:Style of cause of action in rem
(2) The style of cause of an action in rem shall be in Form 477.
Marginal note:Style of cause of action in personam
(3) The style of cause of an action in personam shall be as provided for in subsection 67(2).
Marginal note:Defendants in action in rem
(4) In an action in rem, a plaintiff shall include as a defendant the owners and all others interested in the subject-matter of the action.
Marginal note:Action against more than one ship
478 In an action against more than one ship in accordance with subsection 43(8) of the Act, each ship shall be named as a defendant in the statement of claim.
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