GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 411
Costs of abandoned motion 411 The costs of a motion that is abandoned or deemed to be abandoned may be assessed on the filing of (a) the notice of motion, together with an affidavit stating that the notice was not filed within the prescribed time or that the moving party did not appear at the hearing of the motion; or (b) where a notice of abandonment was served, the notice of abandonment.
Federal Courts Rules — 412
Costs of discontinued proceeding 412 The costs of a proceeding that is discontinued may be assessed on the filing of the notice of discontinuance.
Federal Courts Rules — 413
Accounts of solicitor for Crown 413 (1) Where requested by the Attorney General of Canada, an associate judge shall assess any costs payable by the Crown to a solicitor acting for the Crown in a proceeding. Existing rights (2) Subsection (1) shall not be construed so as to prejudice any rights between a solicitor and a client in respect of the recovery of the solicitor’s costs in any competent court. SOR/2025-232, s. 10
Federal Courts Rules — 414
Review of assessment 414 A party who is dissatisfied with an assessment of an assessment officer who is not a judge may, within 10 days after the assessment, serve and file a notice of motion to request that a judge of the Federal Court review the award of costs. SOR/2004-283, s. 33
Federal Courts Rules — 415
Application 415 Rules 416 to 418 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.
Federal Courts Rules — 416
Where security available 416 (1) Where, on the motion of a defendant, it appears to the Court that (a) the plaintiff is ordinarily resident outside Canada, (b) the plaintiff is a corporation, an unincorporated association or a nominal plaintiff and there is reason to believe that the plaintiff would have insufficient assets in Canada available to pay the costs of the defendant if ordered to do so, (c) the plaintiff has not provided an address in the statement of claim, or has provided an incorrect address therein, and has not satisfied the Court that the omission or misstatement was made innocently and without intention to deceive, (d) the plaintiff has changed address during the course of the proceeding with a view to evading the consequences of the litigation, (e) the plaintiff has another proceeding for the same relief pending elsewhere, (f) the defendant has an order against the plaintiff for costs in the same or another proceeding that remain unpaid in whole or in part, (g) there is reason to believe that the action is frivolous and vexatious and the plaintiff would have insufficient assets in Canada available to pay the costs of the defendant, if ordered to do so, or (h) an Act of Parliament entitles the defendant to security for costs, the Court may order the plaintiff to give security for the defendant’s costs. Staging (2) The Court may order that security for the costs of a defendant be given in stages, as costs are incurred. Further steps (3) Unless the Court orders otherwise, until the security required by an order under subsection (1) or (2) has been given, the plaintiff may not take any further step in the action, other than an appeal from that order. Party temporarily resident in Canada (4) A party ordinarily resident outside Canada may be ordered to give security for costs, notwithstanding that the party may be temporarily resident in Canada. Voluntary payment into court (5) In the absence of an order under subsection (1), a plaintiff may, at any time after filing a statement of claim, pay an amount into court as security for the defendant’s costs and give notice of the payment to the defendant. Increase in security (6) The Court may, on the motion of a defendant, order a plaintiff who has paid an amount into court under subsection (5) to pay in an additional amount as security for the defendant’s costs.
Federal Courts Rules — 417
Grounds for refusing security 417 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.
Federal Courts Rules — 418
How security to be given 418 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.
Federal Courts Rules — 419
Application to other proceedings 419 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.
Federal Courts Rules — 420
Consequences of failure to accept plaintiff’s offer 420 (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. 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. 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
Federal Courts Rules — 420.1
Offers without costs 420.1 (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. 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
Federal Courts Rules — 421
Offer to contribute 421 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.
Federal Courts Rules — 422
Disclosure of offer to Court 422 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 associate judge assigned under rule 383(c) or to a judge or associate judge at a pre-trial conference, until all questions of liability and the relief to be granted, other than costs, have been determined. SOR/2025-232, s. 10
Federal Courts Rules — 422.1
Definition of designated officer 422.1 In this Part, designated officer means an officer of the Registry designated by an order of the Court. SOR/2021-245, s. 8
Federal Courts Rules — 423
Where brought 423 All matters relating to the enforcement of orders shall be brought before the Federal Court. SOR/2004-283, s. 33
Federal Courts Rules — 424
Enforcement of order of tribunal 424 (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. 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.
Federal Courts Rules — 425
Enforcement of order for payment of money 425 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.
Federal Courts Rules — 426
Examinations 426 (1) A person who has obtained an order for the payment of money may (a) conduct an oral examination of the judgment debtor or, if the judgment debtor is a corporation, of an officer of the corporation, as to the judgment debtor’s assets; and (b) bring a motion for leave to conduct an oral examination of any other person who might have information regarding the judgement debtor’s assets. Service of notice of motion (2) In respect of a motion brought under paragraph (1)(b), the notice of motion shall be served on the judgement debtor and personally served on the person to be examined. Criteria for leave (3) On a motion brought under paragraph (1)(b), the Court may grant leave to conduct the oral examination and determine the time and manner of conducting the examination, if it is satisfied that (a) the person to be examined may have information as to the judgment debtor‘s assets; (b) the moving party has been unable to informally obtain the information from the person to be examined or from another source by any other reasonable means; (c) it would be unfair not to allow the moving party to conduct the examination; and (d) the examination will not cause undue delay, inconvenience or expense to the person to be examined or to the judgment debtor. SOR/2021-245, s. 9
Federal Courts Rules — 427
Possession of land 427 (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. 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.
Federal Courts Rules — 428
Delivery of personal property and movables 428 (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. 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.
Federal Courts Rules — 429
Writ of sequestration and order of committal 429 (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, if the person is a corporation, against any director or officer of the corporation. 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. SOR/2021-245, s. 10(E)
Federal Courts Rules — 430
Personal service required 430 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.
Federal Courts Rules — 431
Performance by other person 431 Where a person does not comply with an order to perform an act, without prejudice to the powers of the Court to punish the person for contempt, on motion, the Court may order that (a) the required act be performed by the person by whom the order was obtained or by another person appointed by the Court; and (b) the non-complying person pay the costs incurred in the performance of the act, ascertained in such a manner as the Court may direct, and that a writ of execution be issued against the non-complying person for those costs.
Federal Courts Rules — 432
Non-performance of condition precedent 432 Where a person who is entitled to relief under an order subject to the fulfilment of a condition fails to fulfil that condition, the person is deemed to have abandoned the benefit of the order and, unless the Court orders otherwise, any other interested person may take any step that is warranted by the order or that might have been taken if the order had not been made.
Federal Courts Rules — 433
Requisition for writ of execution 433 (1) Subject to subsection (2) and rules 434 and 435, a person entitled to execution may obtain a writ of execution by filing a requisition for its issuance. When writ may be issued (2) A writ of execution shall be issued only if, at the time a requisition therefor is filed, any period specified in the order for the payment of money or for the doing of an act required under the order has expired. Endorsement on writ (3) A writ of execution for the recovery of money shall be endorsed with a direction to the sheriff to levy (a) the amount of money due and payable that is sought to be recovered; (b) any interest thereon that is sought to be recovered, from the date of the order; and (c) any sheriff’s fees and costs of execution.
Federal Courts Rules — 434
Limitation on issuance 434 (1) A writ of execution to enforce an order shall not be issued without the leave of the Court if (a) six or more years have elapsed since the date of the order; (b) a change has taken place, by death or otherwise, in the persons entitled or liable to execution under the order; (c) under the order a person is entitled to relief subject to the fulfilment of a condition that is alleged to have been fulfilled; or (d) any personal property or movables sought to be seized under the writ are in the possession of a receiver appointed by the Court or of a sequestrator. Period of validity of order (2) An order granting leave under subsection (1) expires one year after it is made.
Federal Courts Rules — 435
Leave to issue writ in aid 435 A writ of execution in aid of another writ of execution shall not be issued without the leave of the Court.
Federal Courts Rules — 436
Ex parte motion for leave to issue writ 436 A motion for leave to issue a writ of execution under subsection 434(1) or rule 435 may be made ex parte .
Federal Courts Rules — 437
Period of validity of writ 437 (1) A writ of execution is valid for six years after its date of issuance. Requisition to extend validity of writ (1.1) A person who is entitled to execution of a writ, including a writ the validity of which has been previously extended, may make a requisition to a designated officer to extend the validity of the writ. Conditions (2) The designated officer may extend the validity of a writ of execution for a further period of six years if (a) the requisition is accompanied by an affidavit attesting to (i) the date on which the writ was issued, (ii) the fact that the writ is not wholly executed, (iii) the fact that there has been an attempt to execute the writ in the previous six years or that the writ has been registered in a provincial registry, and (iv) if the validity of the writ was previously extended, the date on which it was extended; (b) the writ is not wholly executed; and (c) the writ is not expired. Extension indicated on writ (3) If the validity of a writ of execution is extended under subsection (2), a new copy of the writ, bearing the date on which its validity was extended, shall be issued in Form 425A. Effect of extended writ (4) A writ the validity of which has been extended under subsection (2) continues without interruption. SOR/2021-245, s. 11
Federal Courts Rules — 438
Advance or security required 438 Before executing a writ of execution, a sheriff to whom the writ is directed may require the person at whose instance it was issued to make an advance, or to give security, sufficient to cover the costs of execution.
Federal Courts Rules — 439
Notice to sheriff 439 (1) A person at whose instance a writ of execution is issued may serve a notice on the sheriff to whom the writ is directed requiring the sheriff, within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which the sheriff has executed it and to send a copy of the statement to the person. Order to sheriff to comply (2) Where a sheriff fails to comply with a notice served under subsection (1), the person by whom it was served may apply to the Court for an order directing the sheriff to comply with the notice. Directions from Court (3) A person at whose instance a writ of execution is issued, a sheriff or any interested person may seek directions from the Court concerning any issue that is not addressed by these Rules that arises from the enforcement of an order. SOR/2013-18, s. 15 SOR/2021-245, s. 12
Federal Courts Rules — 440
Multiple writs for single order 440 Writs of execution of different types may be issued to enforce a single order, where the terms of the order so require.
Federal Courts Rules — 441
Leave to issue writ of sequestration 441 (1) No writ of sequestration shall be issued without leave of a judge. Personal service of notice (2) Notice of a motion for leave to issue a writ of sequestration shall be personally served on the person against whose property it is sought to issue the writ.
Federal Courts Rules — 442
Multiple writs of seizure and sale 442 (1) A person who is entitled to enforce an order by a writ of seizure and sale may request the issuance of two or more such writs directed to the sheriffs of different geographical areas, either at the same time or at different times, to enforce the order, but no greater total amount shall be levied under all such writs than would be authorized to be levied under a single writ. Different geographical areas (2) Where a person requests the issuance of two or more writs of seizure and sale directed to sheriffs of different geographical areas to enforce the same order, the person shall inform each sheriff of the issuance of the other writ or writs.
Federal Courts Rules — 443
Second writ where sum unascertained 443 Where the payment of an ascertained sum of money and an unascertained sum of money or costs is ordered, if, at the time when the ascertained sum becomes payable, the unascertained sum or costs have not been assessed, the person who is entitled to enforce the order may request the issuance of a writ of seizure and sale to enforce payment of the ascertained sum and, after the unascertained sum or costs have been assessed, may request the issuance of a second writ to enforce payment thereof.
Federal Courts Rules — 444
Order under $200 444 Where an order for payment of less than $200 does not entitle the plaintiff to costs against the person against whom a writ of seizure and sale to enforce the order is issued, the writ may not authorize the sheriff to whom it is directed to levy any fees or costs of execution.
Federal Courts Rules — 445
Sale of interest in property 445 Any interest of a judgment debtor in property may be sold under a writ of seizure and sale.
Federal Courts Rules — 446
Sale of real property or immoveables 446 Real property or immoveables shall not be sold under a writ of seizure and sale within a shorter period than that provided for by the laws of the province in which the real property or immoveables are situated or any longer period ordered by the Court.
Federal Courts Rules — 447
Property bound by writ 447 Property is bound for the purpose of execution of an order as of the date of the delivery to the sheriff of a writ of seizure and sale.
Federal Courts Rules — 448
Laws of province apply 448 In seizing, advertising for sale or selling property, a sheriff shall, except as otherwise provided in the writ or in these Rules, follow the laws applicable to the execution of similar writs issued by a superior court of the province in which the property was seized.