PART 12Enforcement of Orders (continued)
Charging Orders (continued)
Marginal note:Discharge or variance of charging order
462 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
463 (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.
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
465 (1) The Court, on the motion of a person
(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
470 (1) Unless the Court directs otherwise, evidence on a motion for a contempt order, other than an order under subsection 467(1), shall 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
474 (1) Where an order made against the Crown for the payment of money for costs or otherwise is executory and
(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
475 (1) This Part applies to Admiralty actions.
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
477 (1) Admiralty actions may be in rem or in personam, or both.
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.
Marginal note:Service of statement of claim
479 (1) Subject to subsection (2), the statement of claim in an action in rem shall be served
(a) in respect of a ship or cargo or other property on board a ship, by attaching a certified copy of the statement of claim to some conspicuous part of the ship;
(b) in respect of cargo or other property that is not on board a ship, by attaching a certified copy of the statement of claim to the cargo or property;
(c) in respect of freight,
(i) if the cargo in respect of which the freight is owing is on board a ship, by attaching a certified copy of the statement of claim to a conspicuous part of the ship,
(ii) if the cargo in respect of which the freight is owing is not on board a ship, by attaching a certified copy of the statement of claim to the cargo, or
(iii) if monies payable for the freight are in the possession of a person, by personal service of the statement of claim on that person; and
(d) in respect of any proceeds paid into court in another proceeding, by filing a certified copy of the statement of claim in that proceeding.
Marginal note:Alternate service of statement of claim
(2) If access cannot be obtained to property in respect of which a statement of claim is to be served under subsection (1), the statement of claim may be served personally on a person who appears to be in charge of the property.
Marginal note:Defence of action in rem
480 (1) An action in rem against a ship or other thing named as a defendant in the action may be defended only by a person who claims to be the owner of the ship or thing or to be otherwise interested therein.
Marginal note:Interest to be pleaded
(2) A defence filed by a person referred to in subsection (1) shall disclose the interest that the person claims in the ship or thing.
Arrest of Property
Marginal note:Warrant for the arrest of property
481 (1) A designated officer may issue a warrant for the arrest of property in an action in rem, in Form 481, at any time after the filing of a statement of claim.
(2) A party seeking a warrant under subsection (1) shall file an affidavit, entitled “Affidavit to Lead Warrant”, stating
(a) the name, address and occupation of the party;
(b) the nature of the claim and the basis for invoking the in rem jurisdiction of the Court;
(c) that the claim has not been satisfied;
(d) the nature of the property to be arrested and, where the property is a ship, the name and nationality of the ship and the port to which it belongs; and
(e) where, pursuant to subsection 43(8) of the Act, the warrant is sought against a ship that is not the subject of the action, that the deponent has reasonable grounds to believe that the ship against which the warrant is sought is beneficially owned by the person who is the owner of the ship that is the subject of the action.
482 (1) A warrant issued under subsection 481(1), the Affidavit to Lead Warrant and the statement of claim in the action shall be served together by a sheriff in the manner set out in rule 479, whereupon the property subject to the warrant is deemed to be arrested.
Marginal note:Proof of service
(2) Proof of service of the documents referred to in subsection (1) shall be filed forthwith after the documents are served.
Marginal note:Possession and responsibility
483 (1) Subject to subsection (2), possession of, and responsibility for, property arrested under subsection 482(1) does not vest in the sheriff but continues in the person in possession of the property immediately before the arrest.
Marginal note:Order for possession of arrested property
(2) The Court may order a sheriff to take possession of arrested property on condition that a party assume responsibility for any costs or fees incurred or payable in carrying out the order and give security satisfactory to the Court for the payment thereof.
Marginal note:Prohibition against moving arrested property
484 No property arrested under a warrant shall be moved without leave of the Court or the consent of all parties and caveators.
Marginal note:Release of arrested property
485 On motion, the Court may fix the amount of bail to be given for the release of arrested property.
Marginal note:Form of bail
486 (1) Unless the parties agree otherwise, bail shall consist of
(a) the guaranty of a bank;
(b) the bond of a surety company licensed to do business in Canada or to furnish security bonds in the part of Canada where the bond is executed, in Form 486A; or
(c) a bail bond in Form 486A.
Marginal note:Notice of bail
(2) A party who intends to give bail in the form of a bond referred to in paragraph (1)(b) or (c) shall serve and file a notice of bail, in Form 486B, at least 24 hours before filing the bond.
Marginal note:Notice of objection to bail
(3) An adverse party or caveator who is not satisfied with the sufficiency of a bond set out in a notice of bail shall serve and file a notice of objection in Form 486C.
Marginal note:Sufficiency of bail bond
(4) Any question as to the form of bail or the sufficiency of a surety may be determined by a designated officer or referred by that officer to the Court.
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