GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 488
Release at any time 488 (1) On motion, the Court may, at any time, order the release of arrested property. Release of ship (2) Where, pursuant to subsection 43(8) of the Act, a ship that is not the subject of an action has been arrested, any owner or other person interested in the ship may bring a motion to the Court for the release of the ship, and if it is found that the ship is not beneficially owned by the person who is the owner of the ship that is the subject of the action, the Court shall order its release without the taking of bail. Release of ship without bail (3) Where on a motion under subsection (2) the Court is satisfied that the action in which the ship has been arrested is for a claim referred to in any of paragraphs 22(2)(a) to (c) of the Act, the Court may order the release of the ship without the taking of bail.
Federal Courts Rules — 489
Release from arrest 489 Property shall be released from arrest on service of a release on the sheriff and payment of all fees and costs of the sheriff in respect of the arrest or custody of the property.
Federal Courts Rules — 490
Disposition of arrested property 490 (1) On motion, the Court may order, in respect of property under arrest, that (a) the property be appraised and sold, or sold without appraisal, by public auction or private contract; (b) the property be advertised for sale in accordance with such directions as may be set out in the order, which may include a direction that (i) offers to purchase be under seal and addressed to the sheriff, (ii) offers to purchase all be opened at the same time in open court, that the parties be notified of that time and that the sale be made pursuant to an order of the Court made at that time or after the parties have had an opportunity to be heard, (iii) the sale not necessarily be to the highest or any other bidder, or (iv) after the opening of the offers and after hearing from the parties, if it is doubtful that a fair price has been offered, the amount of the highest offer be communicated to the other persons who made offers or to some other class of persons or that other steps be taken to obtain a higher offer; (c) the property be sold without advertisement; (d) an agent be employed to sell the property, subject to such conditions as are stipulated in the order or subject to subsequent approval by the Court, on such terms as to compensation of the agent as may be stipulated in the order; (e) any steps be taken for the safety and preservation of the property; (f) where the property is deteriorating in value, it be sold forthwith; (g) where the property is on board a ship, it be removed or discharged; (h) where the property is perishable, it be disposed of on such terms as the Court may order; or (i) the property be inspected in accordance with rule 249. Commission (2) The appraisal or sale of property under arrest shall be effected under the authority of a commission addressed to the sheriff in Form 490. Sale free from liens (3) Property sold under subsection (1) is free of any liens under Canadian maritime law. Execution of commission (4) As soon as possible after the execution of a commission referred to in subsection (2), the sheriff shall (a) file the commission with a return setting out the manner in which it was executed; (b) pay into court the proceeds of the sale; and (c) file the sheriff’s accounts and vouchers in support thereof. Sheriff’s accounts (5) An assessment officer shall assess the sheriff’s accounts and report the amount that the assessment officer considers should be allowed. Assessment (6) Any party or caveator who is interested in the proceeds of sale referred to in subsection (4) may be heard on an assessment under subsection (5). Review of assessment (7) On motion, the Court may review an assessment done under subsection (5).
Federal Courts Rules — 491
Payment out of money paid into court 491 On a motion for payment out of any money paid into court under subsection 490(4), the Court may (a) determine the rights of all claimants thereto; (b) order payment of all or part of the money to any claimant; and (c) order immediate payment of any fees or costs of the sheriff in connection with the arrest, custody, appraisal or sale of property, including expenses incurred in maintaining the property between the time of arrest and the sale of the property.
Federal Courts Rules — 492
Directions 492 (1) The Court may, in making an order under rule 490 or 491 or at any time thereafter, give directions as to (a) notice to be given to possible claimants to the proceeds of sale; (b) advertising for other such claimants; (c) the time within which claimants must file their claims; and (d) the procedure to be followed in determining the rights of the parties. Claims barred (2) A claim that is not made within the time limited and in the manner prescribed by an order of the Court under subsection (1) is barred, and the Court may proceed to determine other claims and distribute the money among the parties entitled thereto without reference to any claim so barred.
Federal Courts Rules — 493
Caveat warrant 493 (1) A person who desires to prevent the arrest of property shall serve and file a caveat warrant in Form 493A undertaking to give, within three days after being required to do so, bail in respect of any action that has been, or may be, brought against the property. Caveat release (2) A person who desires to prevent the release of any property under arrest shall serve and file a caveat release in Form 493B. Caveat payment (3) A person who desires to prevent the payment of money out of court shall serve and file a caveat payment in Form 493C. Service of caveat (4) A caveat under subsection (1), (2) or (3) shall be served on all parties and caveators. Caveat by non-party (5) Where a person filing a caveat under this rule is not a party to the action, the caveat shall state the person’s name and provide an address for service.
Federal Courts Rules — 494
Liability of person requesting warrant 494 (1) A person at whose instance a warrant is issued for the arrest of property in respect of which there is a caveat warrant outstanding is liable to payment of all resulting costs and damages, unless the person can satisfy the Court that the person should not be liable therefor. Liability of party requesting caveat (2) A person who files a caveat release or caveat payment is liable to payment of all resulting costs and damages, unless the person can satisfy the Court that the person should not be liable therefor.
Federal Courts Rules — 495
Expiration of caveat 495 (1) A caveat expires one year after the day on which it was filed. Filing of new caveat (2) A new caveat may be served and filed before or after the expiration of an existing caveat. Withdrawal of caveat (3) A person who has filed a caveat may withdraw it at any time by filing a notice in Form 495. Setting aside of caveat (4) On motion, the Court may order that a caveat be set aside.
Federal Courts Rules — 496
Application under s 33(1) of the Marine Liability Act 496 (1) A party bringing an application under subsection 33(1) of the Marine Liability Act shall bring it as an action against those claimants whose identity is known to the party. Motion for directions re service (2) A party referred to in subsection (1) may bring an ex parte motion for directions respecting service on possible claimants where the number of possible claimants is large or the identity of all possible claimants is unknown to the party. SOR/2004-283, s. 37
Federal Courts Rules — 497
Motion to vary or add 497 A claimant who did not have notice of an action under subsection 496(1) may, within 10 days after obtaining notice of an order made under subsection 496(2), serve and file a notice of motion requesting to be added as a party to the action.
Federal Courts Rules — 498
e of the weather at the time of the collision and during the period immediately before the collision; (h) the extent of visibility at the time of the collision and during the period immediately before the collision; (i) the state, direction and force of the tide, or of the current if the collision occurred in non-tidal waters, at the time of the collision and during the period immediately before the collision; (j) the direction and force of the wind at the time of the collision and during the period immediately before the collision; (k) the parts of each ship that first came into contact; and (l) the approximate angle, as illustrated by an appropriate sketch annexed to the preliminary act, between the ships at the moment of contact. Form of preliminary act (3) The contents of a preliminary act shall be set out in parallel columns and, wherever possible, stated in numerical values. Opening of envelopes containing preliminary acts (4) The Administrator shall open the envelopes containing the preliminary acts after the pleadings have been closed and all preliminary acts have been filed or, with the consent of all parties, at any other time. Order to open envelopes containing preliminary acts (5) The Court may, on motion brought after all preliminary acts have been filed but before pleadings have been closed, order that the Administrator open the envelopes containing the preliminary acts. Endorsement of preliminary act (6) On the opening of an envelope containing a preliminary act, the Administrator shall endorse the preliminary act with the date on which it was filed, the date on which the envelope was opened and the date on which any order was made, or consent filed, pursuant to which the envelope was opened. Deemed part of statement of claim or defence (7) A preliminary act shall be read with and form a part of the statement of claim or statement of defence, as the case may be, as though it were a schedule thereto.
Federal Courts Rules — 499
Security not required 499 Notwithstanding rule 416, a seaman suing for wages or for the loss of clothing and effects in a collision shall not be ordered to give security for costs.
Federal Courts Rules — 500
Examination for discovery of plaintiff 500 Notwithstanding subsection 236(2), in an action in respect of a collision between ships, a defendant may examine the plaintiff for discovery only after filing a statement of defence and preliminary act.
Federal Courts Rules — 501
Ongoing proceedings 501 (1) Subject to subsection (2), these Rules apply to all proceedings, including further steps taken in proceedings that were commenced before the coming into force of these Rules. Order for exceptions (2) The Chief Justice of the Federal Court of Appeal or the Federal Court, as the case may be, may, by order, direct that rule 380 shall not apply to certain proceedings or classes of proceedings before their court that are pending on the coming into force of these Rules until a date or dates set out in the order. SOR/2004-283, s. 24
Federal Courts Rules — 502
Officers of the Court continued 502 (1) Every officer of the Court appointed under the Federal Court Rules prior to the coming into force of these Rules shall continue to act as if appointed under these Rules, until the appointment is revoked or another person is appointed in that officer’s place. Taxing officers continued as assessment officers (2) For the purposes of subsection (1), a reference in these Rules to an assessment officer shall be construed as a reference to a taxing officer appointed under the Federal Court Rules prior to the coming into force of these Rules.
Federal Courts Rules — 504
Coming into force 504 These Rules come into force on April 25, 1998.
Federal Courts Rules — ☐
I REQUIRE (Choose appropriate option(s) and include all particulars necessary for the Administrator to act. Where what is sought is authorized by an order, refer to the order and attach a copy. Where an affidavit or other document must be filed with the requisition, refer to it and attach it.) ☐ A certified copy of (identify document by nature and date) ☐ A subpoena on behalf of (identify party on whose behalf subpoena is sought) ☐ Other ( describe )
Federal Courts Rules — ☐
☐ A certified copy of (identify document by nature and date)
Federal Courts Rules — ☐
☐ A subpoena on behalf of (identify party on whose behalf subpoena is sought)
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(identify party on whose behalf subpoena is sought)
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YOU ARE REQUIRED TO ATTEND TO GIVE EVIDENCE IN COURT at the hearing of this proceeding on (day) , (date) at (time) , at (place) , and to remain until your attendance is no longer required.
Federal Courts Rules — Federal Courts Rules
YOU ARE REQUIRED TO BRING WITH YOU and produce at the hearing the following documents and things: (Set out the nature and date of each document and the nature of thing and give particulars sufficient to identify each one.) ATTENDANCE MONEY for (number of days) day(s) of attendance is served with this subpoena , calculated in accordance with Tariff A of the Federal Courts Rules , as follows: Attendance allowance of $ daily $ Transportation allowance $ Overnight accommodations and meal allowance $ TOTAL $
Federal Courts Rules — Federal Courts Rules
ATTENDANCE MONEY for (number of days) day(s) of attendance is served with this subpoena , calculated in accordance with Tariff A of the Federal Courts Rules , as follows: Attendance allowance of $ daily $ Transportation allowance $ Overnight accommodations and meal allowance $ TOTAL $
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Overnight accommodations and meal allowance $
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If further attendance is required, you will be entitled to additional money.
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IF YOU FAIL TO ATTEND OR REMAIN IN ATTENDANCE AS REQUIRED BY THIS SUBPOENA , A WARRANT MAY BE ISSUED FOR YOUR ARREST.
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This subpoena was issued at the request of, and inquiries may be directed to:
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TO THE OFFICERS OF (name of penitentiary, correctional institution, etc.)
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WHEREAS it appears that the attendance of (name) , who is detained in custody, is necessary to this proceeding,
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THIS COURT ORDERS that (name) be brought before this court on (day) , (date) , at (time) , at (place) , and that the said (name) be returned and readmitted immediately thereafter to the correctional institution or other facility from which the said (name) was brought.
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AND TO OFFICERS OF ALL CORRECTIONAL INSTITUTIONS IN CANADA:
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WHEREAS the witness (name) , of (address) , was served with a subpoena to give evidence at the hearing of this proceeding, and the proper attendance money was paid or tendered,
Federal Courts Rules — Federal Courts Rules
AND WHEREAS the witness failed to obey the summons, and I am satisfied that the evidence of the witness is material to this proceeding.
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YOU ARE ORDERED TO ARREST and bring the witness (name) before this Court to give evidence in this proceeding, and if the Court is not then sitting or if the witness cannot be brought before the Court, to deliver him or her to a correctional institution or other secure facility to be admitted and detained there until the witness can be brought before the Court.
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I, (name) , having been named as an expert witness by the (party) , certify that I have read the Code of Conduct for Expert Witnesses set out in the schedule to the Federal Courts Rules and agree to be bound by it.
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(where a simplified action under rule 292:
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FEDERAL COURT (or FEDERAL COURT OF APPEAL)
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APPLICATION UNDER (statutory provision or rule under which application is made)
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FEDERAL COURT OF APPEAL (or FEDERAL COURT)
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The (identify party) intends to question the constitutional validity, applicability or effect (state which) of (identify the particular legislative provision).
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The question is to be argued on (day) , (date) at (time) , at (place) .
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The following are the material facts giving rise to the constitutional question: (Set out concisely the material facts that relate to the constitutional question. Where appropriate, attach pleadings or reasons for decision.)
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The following is the legal basis for the constitutional question: (Set out concisely the legal basis for each constitutional question and identify the nature of the constitutional principles to be argued.)
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I, (full name and occupation of deponent) , of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) , SWEAR (or AFFIRM) THAT:
Federal Courts Rules — 1
1 (Set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact.)
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You swear ( or affirm ) that you understand the ( language of deponent ) and the language in which the affidavit is written and that you will faithfully translate orally the affidavit and the oath ( or affirmation ) for the deponent to the best of your skill and understanding. ( In an oath, conclude: So help you God. )
Federal Courts Rules — Federal Courts Rules
YOU ARE REQUIRED TO ATTEND AN EXAMINATION (for discovery, in aid of execution, etc.) on behalf of (identify party) on (day) , (date) at (time) at the office of (name, address and telephone number of examiner) .
Federal Courts Rules — Federal Courts Rules
YOU ARE ALSO REQUIRED TO BRING WITH YOU and produce at the examination the following documents and things: (Set out the nature of each document and thing and give particulars sufficient to identify each one.) TRAVEL EXPENSES for (number of days) day(s) of attendance is served with this direction, calculated in accordance with Tariff A of the Federal Courts Rules , as follows: Transportation allowance $ Overnight accommodations and meal allowance $ TOTAL $
Federal Courts Rules — Federal Courts Rules
TRAVEL EXPENSES for (number of days) day(s) of attendance is served with this direction, calculated in accordance with Tariff A of the Federal Courts Rules , as follows: Transportation allowance $ Overnight accommodations and meal allowance $ TOTAL $
Federal Courts Rules — Federal Courts Rules
THE EXAMINATION WILL BE CONDUCTED IN (IDENTIFY OFFICIAL LANGUAGE) . If you prefer to be examined in the other official language, an interpreter may be required and you must immediately advise the solicitor for the party conducting the examination.
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IF YOU FAIL TO ATTEND OR REMAIN UNTIL THE END OF THIS EXAMINATION, YOU MAY BE COMPELLED TO ATTEND AT YOUR OWN EXPENSE AND YOU MAY BE FOUND IN CONTEMPT OF COURT.
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INQUIRIES CONCERNING THIS DIRECTION may be directed to (name and telephone number of contact person) .
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You swear (or affirm) that you understand the (language of witness) language and the language in which the examination is to be conducted and that you will truly interpret the oath (or affirmation) to the witness, all questions put to the witness and the answers of the witness, to the best of your skill and understanding. (In an oath, conclude: So help you God.)
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TO: (name of person required to answer the written examination)
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The (identify examining party) has chosen to examine the (identify person to be examined) for discovery (or in aid of execution, etc.) .
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You are required to answer the questions in the schedule by affidavit in Form 99B prescribed by the Federal Courts Rules .
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The affidavit containing the answers is to be served on all other parties within 30 days from the date on which these questions are served on you.
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(Set out the questions concisely, each in a separate paragraph and numbered consecutively.)
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I, (full name and occupation of deponent) , of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) SWEAR (or AFFIRM) THAT the answers set out in Exhibit A to this affidavit to the questions dated (date) submitted by the (identify examining party) are true, to the best of my information, knowledge and belief:
Federal Courts Rules — Federal Courts Rules
(Set out the answers to the questions concisely, each in a separate paragraph and numbered consecutively.)
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The plaintiff (or as the case may be) , formerly represented by (name of former solicitor) , has appointed (name of new solicitor) as solicitor of record.
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TO: (Name and address of former solicitor)
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AND TO: (Names and addresses of other solicitors or parties)
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The plaintiff (or as the case may be) , formerly acting in person, has appointed (name) as solicitor of record.
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TO: (Name and address of other solicitors or parties)
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The plaintiff (or as the case may be) , formerly represented by (name) as solicitor of record, intends to act in person.
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TO: (Name and address of former solicitor of record)
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AND TO: (Name and address of other solicitors or parties)
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The plaintiff (or as the case may be) has appointed (name) as solicitor to provide limited-scope representation in the proceeding.
Federal Courts Rules — 1
1 SOLICITOR’S MANDATE The solicitor’s representation of the plaintiff (or as the case may be) in this proceeding is limited to the following subject-matter: (Select all that are applicable and provide a description of the services to be provided, including any scheduled appearances.) □ Application for leave filed under the Federal Courts Citizenship, Immigration and Refugee Protection Rules (Specify) □ Case management conference, alternate dispute resolution (including mediation) (Specify) □ Motion(s) (Specify) □ Oral submissions at a hearing (other than those related to matters above) (Specify) □ Appeals (Specify) □ Other matters relating to the proceeding (Specify)
Federal Courts Rules — Federal Courts Rules
The solicitor’s representation of the plaintiff (or as the case may be) in this proceeding is limited to the following subject-matter: (Select all that are applicable and provide a description of the services to be provided, including any scheduled appearances.)
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□ Application for leave filed under the Federal Courts Citizenship, Immigration and Refugee Protection Rules
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□ Case management conference, alternate dispute resolution (including mediation)
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□ Oral submissions at a hearing (other than those related to matters above)
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□ Other matters relating to the proceeding
Federal Courts Rules — 2
2 DESIGNATION FOR SERVICE OF DOCUMENTS □ SERVICE ON SOLICITOR (Service of documents relating to the solicitor’s mandate is to be made on the solicitor.) Address: (If service is to be made on the solicitor) □ SERVICE ON PARTY (Service of documents relating to the solicitor’s mandate is to be made on the party.)
Federal Courts Rules — Federal Courts Rules
□ SERVICE ON SOLICITOR (Service of documents relating to the solicitor’s mandate is to be made on the solicitor.)
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Address: (If service is to be made on the solicitor)