Federal Courts Rules

Marginal note:Release of arrested property

• 487 (1) Unless a caveat has been filed under subsection 493(2), a designated officer may issue a release of arrested property in Form 487

  • (a) on payment into court of

    • (i) the amount claimed,

    • (ii) the appraised value of the property arrested, or

    • (iii) where cargo is arrested for freight only, the amount of the freight, verified by affidavit;

  • (b) if bail has been given in an amount fixed under rule 485 and in accordance with subsections 486(1) and (2) and no objection under subsection 486(3) is outstanding;

  • (c) on the consent in writing of the party at whose instance the property was arrested; or

  • (d) on the discontinuance or dismissal of the action in respect of which the property was arrested.

• Marginal note:Referral to judge or prothonotary

  (2) Where a release is sought under subsection (1), a designated officer may refer the matter to a judge or prothonotary.