GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 449
Notice of garnishment 449 (1) Subject to rules 452 and 456 and on requisition filed by a judgment creditor in Form 449A, a designated officer may issue a notice of garnishment, in Form 449B, for the attachment of the following debts to satisfy an order for the payment of money: (a) a debt owing or accruing from a person in Canada to a judgment debtor; or (b) a debt owing or accruing from a person outside Canada to a judgment debtor, if the debt is one for which the person might be sued in Canada by the judgment debtor. Requisition — notice of garnishment (2) The requisition shall be accompanied by a copy of the order for the payment of money and an affidavit that contains the following information: (a) the date and amount of any payment received since the order was made; (b) the amount owing, including postjudgment interest; (c) the manner in which the amount owing and the postjudgment interest are calculated; (d) the address of the judgment debtor; (e) the name and address of each garnishee; (f) a statement indicating that the judgment creditor believes that the garnishees are or will become indebted to the judgment debtor and the grounds for the belief; (g) if a garnishee is not then indebted but will become indebted to the judgment debtor, details with respect to the date on and the circumstances under which the debt will arise; (h) details of the debts; and (i) any other information that is necessary to establish the amount awarded and the judgment creditor’s entitlement. Service (3) The judgment creditor shall serve on each garnishee and on the judgment debtor a copy of the notice of garnishment and a copy of the requisition. Debts bound as of time of service (4) Subject to rule 452, a notice of garnishment binds the debts attached as of the time of its service on the garnishee. No payment to judgment debtor (5) Subject to rule 452, a garnishee who has been served with a notice of garnishment shall not pay the judgment debtor any amount owing to the judgment debtor without leave of the Court. Sworn declaration of garnishee (6) Within 21 days after the day on which the garnishee is served with the notice of garnishment, the garnishee shall file and serve on the judgment creditor and judgment debtor a sworn declaration of garnishee, in Form 449C, that contains (a) a list of all debts owing or accruing to the judgment debtor by the garnishee by reason of an obligation incurred on or before the day of the garnishee’s declaration; and (b) if the garnishee disputes liability to pay a debt claimed to be owing or accruing to the judgment debtor or claims the debt is for a lesser amount than that set out in the notice of garnishment, any relevant information, including any supporting documents not contained in the requisition for the issuance of a notice of garnishment. SOR/2021-245, s. 13
Federal Courts Rules — 449.1
Order or certificate not to be contested 449.1 In a proceeding under any of rules 449 to 465, a judgment debtor shall not contest the order or certificate that gave rise to the garnishment. SOR/2021-245, s. 13
Federal Courts Rules — 450
Payment into Court by garnishee 450 A garnishee who admits liability for a debt due to a judgment debtor shall pay into court the debt, or as much of the debt as is sufficient to satisfy the judgment, and give notice of the payment to the judgment creditor. SOR/2021-245, s. 13
Federal Courts Rules — 451
Garnishment order 451 (1) If a garnishee does not file a declaration of garnishee under subsection 449(6) or make the payment into court under rule 450, the Court may, on motion by the judgment creditor, order the garnishee to pay the amount owing to the judgment creditor as if the garnishee were the judgment debtor. Future payment (2) If a debt owed to a judgment debtor is payable at a future time or is subject to a condition when a notice of garnishment is issued, an order under subsection (1) may require that the garnishee pay the debt to the judgment creditor when the debt becomes payable or the condition is fulfilled. Enforcement (3) An order under subsection (1) may be enforced in the same manner as any other order for the payment of money. SOR/2021-245, s. 13
Federal Courts Rules — 452
Exemption from seizure 452 If a debt owing or accruing to a judgment debtor is in respect of wages or salary, no portion of the wages or salary that is exempt from seizure or attachment under the law of the province where the debt is payable shall be attached under a notice of garnishment. SOR/2021-245, s. 13
Federal Courts Rules — 453
Summary determination of liability 453 (1) If a garnishee disputes liability to pay a debt claimed to be owing or accruing to the judgment debtor or claims that the debt is for a lesser amount than that set out in the notice of garnishment, the Court may, on motion, summarily determine the garnishee’s liability or order that it be determined in any manner that the Court directs. Service and filing (2) The party bringing the motion shall serve and file the notice of motion on all other parties within the following time limit: (a) in the case of a motion brought by the judgment creditor or judgment debtor, within 21 days after the day on which that party is served with the declaration of garnishee; and (b) in the case of a motion brought by the garnishee, within 21 days after the day on which the judgment creditor or judgment debtor is served with the declaration of garnishee, whichever is the earlier. SOR/2021-245, s. 13
Federal Courts Rules — 454
Discharge of liability 454 A payment made by a garnishee under rule 450 or in compliance with a notice of garnishment issued under subsection 449(1) or an order under rule 451 or 453, and any execution levied against a garnishee under such a notice of garnishment or order, constitutes a valid discharge of the garnishee’s liability to the judgment debtor to the extent of the amount paid or levied, even if the attachment is later set aside or the order or notice of garnishment from which it arose is later reversed. SOR/2021-245, s. 13
Federal Courts Rules — 455
Other interested person 455 (1) A person, other than a judgment debtor, who claims to have an interest in the debt sought to be attached may, by motion, state the nature of their interest and the relief sought. Determination of validity of claim (2) On motion brought under subsection (1), the Court may summarily determine the questions at issue between the claimants or order that they be determined in any manner that it directs. SOR/2005-340, s. 2 SOR/2021-245, s. 13
Federal Courts Rules — 456
Order for payment 456 (1) A judgment creditor shall not file a requisition under subsection 449(1) in respect of money that is standing to the credit of the judgment debtor in court. However, they may bring a motion for an order that the money, or a lesser amount sufficient to satisfy the order sought to be enforced and the costs of the motion, be paid to the judgment creditor. Limitation (2) If a motion is brought under subsection (1), the money to which the motion relates shall not be paid out of court until after the determination of the motion. Service of notice of motion (3) Unless the Court directs otherwise, the notice of a motion brought under subsection (1) shall be served on the judgment debtor and filed at least seven days before the day fixed for the hearing of the motion. SOR/2021-245, s. 13
Federal Courts Rules — 457
Costs related to requisition 457 Unless the Court directs otherwise, the costs of a requisition under subsection 449(1) and any related proceedings shall be retained by the judgment creditor out of the money recovered and be in priority to the judgment debt. SOR/2021-245, s. 13
Federal Courts Rules — 458
Order for interim charge and show cause 458 (1) On the ex parte motion of a judgment creditor, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money, (a) make an order imposing an interim charge for securing payment of that sum and any interest thereon (i) on real property or immoveables, or on an interest in real property or a right in immoveables, if the judgment debtor, directly or indirectly, owns the real property or immoveables, holds an interest in the real property, including a beneficial interest, or holds an immoveable right or has a claim to the immoveables, including as beneficiary under a trust or succession, in Form 458A, or (ii) on any interest or right, including a beneficial interest, in any shares, bonds or other securities specified in the order, to which the judgment debtor is directly or indirectly entitled, in Form 458B; and (b) order the judgment debtor to show cause, at a specified time and place, why the charge should not be made absolute. Service of show cause order (2) Unless the Court directs otherwise, an order made under subsection (1) shall be served on the judgment debtor and, where the order relates to property referred to in subparagraph (1)(a)(ii), on the corporation, government or other person or entity by whom the securities were issued, at least seven days before the time appointed for the hearing. SOR/2021-245, s. 14
Federal Courts Rules — 459
Show cause hearing 459 (1) At a show cause hearing referred to in paragraph 458(1)(b), the Court shall make the interim charge absolute, in Form 459, or discharge it. Enforcement of charging order (2) A charge made absolute has the same effect, and is enforceable in the same manner, as a charge made by the judgment debtor.
Federal Courts Rules — 460
Disposition by judgment debtor 460 No disposition by a judgment debtor of an interest in property subject to an interim or absolute charge under rule 458 or 459 is valid against the judgment creditor.
Federal Courts Rules — 461
Transfer of securities prohibited 461 (1) Unless the Court orders otherwise, no person or entity on whom an order was served under subsection 458(2) shall permit the transfer of any security specified in the order or pay to any person a dividend or any interest payable thereon. Liability of transferor (2) If, after service of an order under rule 458, a person or entity on whom it was served makes a transfer or payment prohibited by subsection (1), the person or entity shall be liable to pay to the judgment creditor an amount equal to the value of the security transferred or the amount of the payment made, as the case may be, or as much of it as is sufficient to satisfy the judgment debt.
Federal Courts Rules — 462
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.
Federal Courts Rules — 463
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. 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.
Federal Courts Rules — 464
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.
Federal Courts Rules — 465
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. 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. Costs (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.
Federal Courts Rules — 466
Contempt 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.
Federal Courts Rules — 467
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. Ex parte motion (2) A motion for an order under subsection (1) may be made ex parte . 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. 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.
Federal Courts Rules — 468
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.
Federal Courts Rules — 469
Burden of proof 469 A finding of contempt shall be based on proof beyond a reasonable doubt.
Federal Courts Rules — 470
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. Testimony not compellable (2) A person alleged to be in contempt may not be compelled to testify.
Federal Courts Rules — 471
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.
Federal Courts Rules — 472
Penalty 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.
Federal Courts Rules — 473
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. 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.
Federal Courts Rules — 474
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. 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.
Federal Courts Rules — 475
Application 475 (1) This Part applies to Admiralty actions. 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.
Federal Courts Rules — 476
Definition of designated officer 476 In this Part, designated officer means an officer of the Registry designated by an order of the Court.
Federal Courts Rules — 477
Types of admiralty actions 477 (1) Admiralty actions may be in rem or in personam , or both. Style of cause of action in rem (2) The style of cause of an action in rem shall be in Form 477. 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). 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.
Federal Courts Rules — 478
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.
Federal Courts Rules — 479
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. 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.
Federal Courts Rules — 480
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. 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.
Federal Courts Rules — 481
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. Affidavit (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.
Federal Courts Rules — 482
Service 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. Proof of service (2) Proof of service of the documents referred to in subsection (1) shall be filed forthwith after the documents are served.
Federal Courts Rules — 483
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. 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.
Federal Courts Rules — 484
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.
Federal Courts Rules — 485
Release of arrested property 485 On motion, the Court may fix the amount of bail to be given for the release of arrested property.
Federal Courts Rules — 486
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. 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. 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. 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.
Federal Courts Rules — 487
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. Referral to judge or associate judge (2) Where a release is sought under subsection (1), a designated officer may refer the matter to a judge or associate judge. SOR/2025-232, s. 10