GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — Federal Courts Rules
Under an order of this Court made on (date) , YOU ARE DIRECTED to seize from (name of party) and to deliver without delay to (name of party who obtained order) the following personal property or movables: (Set out a description of the property to be delivered.) .
Federal Courts Rules — (a)
I REQUIRE that a notice of garnishment, conforming to the attached Form 449B, be issued in this proceeding. The total amount to be shown in the notice of garnishment is $ , as follows: (a) $ for the debt owing or accruing under the order; and (b) $ for postjudgment interest accrued to date.
Federal Courts Rules — (a)
(a) $ for the debt owing or accruing under the order; and
Federal Courts Rules — (b)
(b) $ for postjudgment interest accrued to date.
Federal Courts Rules — Federal Courts Rules
(Include a copy of the order for the payment of money and an affidavit containing the information required under subsection 449(2) of the Federal Courts Rules .)
Federal Courts Rules — Federal Courts Rules
A PROCEEDING in this Court between the judgment creditor and the judgment debtor has resulted in an order that the judgment debtor pay a sum of money to the judgment creditor. The judgment creditor claims that you owe a debt to the judgment debtor. The judgment creditor has requisitioned this notice of garnishment to be directed to you as garnishee in order to seize any debt that you owe or will owe to the judgment debtor.
Federal Courts Rules — (a)
WITHIN 21 DAYS after the day on which this notice is served on you, YOU ARE REQUIRED TO FILE WITH THE COURT AND SERVE ON THE JUDGMENT CREDITOR AND JUDGMENT DEBTOR named above a sworn declaration of garnishee, in Form 449C, that contains (a) a list of all debts owing or accruing to the judgment debtor; and (b) if you dispute liability to pay a debt claimed to be owing or accruing to the judgment debtor or claim the debt is for a lesser amount than that set out in this notice, any relevant information, including any supporting documents not contained in the requisition for notice of garnishment.
Federal Courts Rules — (a)
(a) a list of all debts owing or accruing to the judgment debtor; and
Federal Courts Rules — (b)
(b) if you dispute liability to pay a debt claimed to be owing or accruing to the judgment debtor or claim the debt is for a lesser amount than that set out in this notice, any relevant information, including any supporting documents not contained in the requisition for notice of garnishment.
Federal Courts Rules — Federal Courts Rules
YOU SHALL NOT PAY THE JUDGMENT DEBTOR ANY AMOUNT of the debt without leave of the Court, except for the portion of wages or salary exempted under rule 452 of the Federal Courts Rules .
Federal Courts Rules — Federal Courts Rules
YOU ARE REQUIRED TO PAY INTO COURT the debt, or as much of the debt as is sufficient to satisfy the judgment, for each debt to which you admit liability, subject to the exemptions provided under rule 452 of the Federal Courts Rules . IF YOU DO NOT MAKE THIS PAYMENT AND DO NOT FILE A DECLARATION OF GARNISHEE IN FORM 449C, the Court may order you to pay the amount owing to the judgment creditor as if you were the judgment debtor.
Federal Courts Rules — Federal Courts Rules
EACH PAYMENT SHALL BE SENT by certified cheque or other bill of exchange for money in Canadian currency, payable to the Receiver General, with a copy of this notice to the Registry of the Court at the address shown below, and notice of payment shall be provided to the judgment creditor.
Federal Courts Rules — 1
1 The garnishee, (insert name or names) , admits that they owe or will owe the judgment debtor, or the judgment debtor and one or more co-owners, the amount of $ , payable on (date) , because (State reasons why you owe money to the judgment debtor. If you are making payment of less than the amount stated above, explain why. If you owe the judgment debtor wages or salary, state how often the judgment debtor is paid, the amount of the judgment debtor’s wages or salary before and after all deductions and attach a copy of a pay slip.)
Federal Courts Rules — 2
2 The following is a list of all debts that the garnishee admits that they owe to the judgment debtor by reason of an obligation incurred on or before the day on which this declaration is made:
Federal Courts Rules — 3
3 (If you dispute liability to pay a debt claimed to be owing or accruing to the judgment debtor or if you claim the debt is for a lesser amount than that set out in the notice of garnishment, explain why. Provide any relevant information, including any supporting documents not contained in the requisition for notice of garnishment.)
Federal Courts Rules — 4
4 (If you have been served with any other notice of garnishment or a writ of execution against the judgment debtor, provide a copy of that document, the date of its service on you and the address of the issuing Court.)
Federal Courts Rules — Federal Courts Rules
WHEREAS by a judgment (or order) made on (date) the defendant (or as the case may be) was ordered to pay to the plaintiff (or as the case may be) the sum of $ (amount) and $ (amount) in costs;
Federal Courts Rules — Federal Courts Rules
WHEREAS the sum of $ (amount) remains due and unpaid;
Federal Courts Rules — Federal Courts Rules
AND WHEREAS the defendant (or as the case may be) owns real property or immoveables, or holds an interest in the real property, including a beneficial interest, or holds an immoveable right or a claim to the immoveables, more particularly described in the schedule to this order;
Federal Courts Rules — Federal Courts Rules
IT IS ORDERED that unless sufficient reasons to the contrary are shown before the (date) at (time) when this matter will be further considered by the Court at (place) , the defendant’s (or as the case may be) real property or immoveables, or their interest in the real property, including their beneficial interest, or their immoveable right or their claim to the immoveables, including their right or claim as a beneficiary under a trust or succession, shall — and it is ordered that in the meantime it does — stand charged with the payment of $ (amount) including any interest due on the judgment (or order) together with the costs of this motion.
Federal Courts Rules — Federal Courts Rules
(Describe, with full particulars, the relevant real property or immoveables, the relevant interest in real property or the relevant right or claim in the immoveables.)
Federal Courts Rules — Federal Courts Rules
AND WHEREAS the defendant (or as the case may be) has an interest or right in the securities more particularly described in the schedule to this order;
Federal Courts Rules — Federal Courts Rules
IT IS ORDERED that unless sufficient reasons to the contrary are shown before (date) , at (time) when this matter will be further considered by the Court at (place) , the defendant’s (or as the case may be) interest or right in the securities, including any beneficial interest, to which the defendant (or as the case may be) is directly or indirectly entitled, shall — and it is ordered that in the meantime it does — stand charged with the payment of $ (amount) including any interest due on the judgment (or order) together with the costs of this motion.
Federal Courts Rules — Federal Courts Rules
(Describe, with full particulars, the relevant shares, bonds or other securities, stating their full title, their value and the name in which they stand and whether the right or beneficial interest charged is in the securities only or in the dividends or interest as well.)
Federal Courts Rules — Federal Courts Rules
IT IS ORDERED that the interest of the defendant (or as the case may be) (name) in the asset specified in the Schedule to this order stands charged with the payment of $ (amount) , the amount due from the defendant (or as the case may be) to the plaintiff (or as the case may be) pursuant to a judgment (or order) of this Court dated (date) , together with any interest due on the judgment (or order) together with the costs of this motion (in the amount of $(amount), or to be assessed ) which costs are to be added to the judgment debt.
Federal Courts Rules — Federal Courts Rules
The Ship (name) and her cargo and freight
Federal Courts Rules — Federal Courts Rules
(or if the action is against cargo only)
Federal Courts Rules — Federal Courts Rules
(or if the action is against the proceeds realized by the sale of the ship or cargo)
Federal Courts Rules — Federal Courts Rules
The proceeds of the sale of The Ship (name)
Federal Courts Rules — Federal Courts Rules
The proceeds of the sale of the cargo of The Ship (name) ,
Federal Courts Rules — Federal Courts Rules
TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be) :
Federal Courts Rules — Federal Courts Rules
YOU ARE DIRECTED to arrest the ship (name) , (or her cargo, or as the case may be) and to keep the same under arrest until further order of this Court.
Federal Courts Rules — 1
1 I submit myself to the jurisdiction of this Court and consent that if (insert name of party for whom bail is to be given, and state whether plaintiff or defendant, or as the case may be) do (es) not pay what may be adjudged against them (or as the case may be) in this action, with costs, or do (es) not pay any sum due to be paid under any agreement by which the action is settled before judgment and which is filed in this Court, execution may issue against me, my executors or administrators, or my personal property or movables, for the amount unpaid or an amount of $ (amount) , whichever is the lesser.
Federal Courts Rules — Federal Courts Rules
(Add where bond given by an individual:)
Federal Courts Rules — 2
2 I have a net worth of more than the sum of $ (state amount in which bail is to be given) after payment of all my debts, as shown by the financial statement attached as Appendix A hereto.
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE that bail has been offered in the sum of $ (amount) on behalf of the (insert name of party on whose behalf bail is to be given, and state whether plaintiff or defendant, or as the case may be) to answer judgment in this action by (name of surety) , as shown on the guaranty or bail bond attached hereto.
Federal Courts Rules — Federal Courts Rules
AND TAKE NOTICE that unless a notice of objection to bail in Form 486C of the Federal Courts Rules is served and filed within 24 hours, bail will be given as provided in the attached document, and a request will be made to release the arrested property in accordance with rule 487 of those Rules.
Federal Courts Rules — Federal Courts Rules
TO: (Name, address, telephone and fax number of solicitor or party on whom notice is served)
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE that the plaintiff (or as the case may be) (name) objects to the bail given by (name of surety) on behalf of the defendant (or as the case may be) (name) in this action.
Federal Courts Rules — Federal Courts Rules
The grounds for this objection are: (Set out grounds.)
Federal Courts Rules — Federal Courts Rules
WHEREAS by warrant issued (date) you were directed to arrest the ship (name) (or her cargo, etc. or as the case may be) and to keep the same under arrest until further order of this Court,
Federal Courts Rules — Federal Courts Rules
YOU ARE NOW DIRECTED to release the said ship (name), (or her cargo, or as the case may be) from the arrest effected by virtue of that warrant.
Federal Courts Rules — Federal Courts Rules
This release was issued at the request of, and inquiries may be directed to:
Federal Courts Rules — Federal Courts Rules
( or SALE, or APPRAISAL AND SALE, as the case may be )
Federal Courts Rules — Federal Courts Rules
WHEREAS this Court has ordered that the ship (name) , (or her cargo or as the case may be) be appraised (and/or sold) ,
Federal Courts Rules — (a)
YOU ARE DIRECTED (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the (ship or cargo, etc., as the case may be) according to its true value; and (b) upon a certificate of that value having been reduced into writing, and signed by you and by the appraiser (s) , to file the certificate in the Registry of this Court together with this commission.
Federal Courts Rules — (a)
(a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the (ship or cargo, etc., as the case may be) according to its true value; and
Federal Courts Rules — (b)
(b) upon a certificate of that value having been reduced into writing, and signed by you and by the appraiser (s) , to file the certificate in the Registry of this Court together with this commission.
Federal Courts Rules — Federal Courts Rules
YOU ARE DIRECTED to cause the ship (name) , (or her cargo or as the case may be) to be sold at public auction for the highest price that can be obtained for it.
Federal Courts Rules — (a)
YOU ARE DIRECTED (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the said ship (name) , (or her cargo or as the case may be) according to the true value thereof; and (b) upon a certificate of such value having been reduced into writing, and signed by yourself and by the appraiser (s) , to cause the ship (her cargo or as the case may be) to be sold by (public auction or private sale) for the highest price that can be obtained for it, but no less than the appraised value unless the Court orders otherwise.
Federal Courts Rules — (a)
(a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the said ship (name) , (or her cargo or as the case may be) according to the true value thereof; and
Federal Courts Rules — (b)
(b) upon a certificate of such value having been reduced into writing, and signed by yourself and by the appraiser (s) , to cause the ship (her cargo or as the case may be) to be sold by (public auction or private sale) for the highest price that can be obtained for it, but no less than the appraised value unless the Court orders otherwise.
Federal Courts Rules — Federal Courts Rules
YOU ARE FURTHER DIRECTED, as soon as the sale has been completed, to pay the proceeds thereof into Court and to file the certificate of appraisement and an account of the sale signed by you, together with this commission.
Federal Courts Rules — Federal Courts Rules
(Add any other conditions ordered by the Court.)
Federal Courts Rules — Federal Courts Rules
This commission was issued at the request of, and inquiries may be directed to:
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT I, (full name and address) apply for a caveat against the issue of any warrant for the arrest of the ship (name) (or description of other property) without notice first being given to me.
Federal Courts Rules — Federal Courts Rules
AND I UNDERTAKE, within three days after being required to do so, to give bail in this or any other action or counterclaim against that ship (or other property) in this Court in the sum of $ (amount) , or to pay that sum into Court.
Federal Courts Rules — Federal Courts Rules
MY ADDRESS FOR SERVICE AND TELEPHONE NUMBER are: (address and telephone number)
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT I, (full name and address) , apply for a caveat against the release of the ship (name) (or description of other property) , now under arrest pursuant to a warrant issued (date) without notice first being given to me.
Federal Courts Rules — Federal Courts Rules
(If person applying for caveat is not a party to the action, add:)
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT I, (full name and address) , apply for a caveat against the payment of any money out of the proceeds of the sale of the ship (name) (or description of other property) , now remaining in Court, without notice first being given to me.
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT I, (full name and address) , withdraw the caveat (warrant or release or payment) filed by me in this action (or as the case may be) on (date) .
Federal Courts Rules — 1
Fees payable on issuance 1 (1) A party shall pay the following fees for the issuance of (a) a statement of claim (i) under section 48 of the Federal Courts Act $2 (ii) in a simplified action or in an appeal that proceeds by way of action $50 (iii) in any other action $150 (b) a statement of defence and counterclaim adding a party (i) in a simplified action $50 (ii) in any other action $150 (c) a third or subsequent party claim (i) in a simplified action $50 (ii) in any other action $150 (d) a notice of application $50 (e) a notice of appeal, other than appeals of associate judges’ and referees’ orders $50 (f) a subpoena (i) in a simplified action $15 (ii) in any other proceeding $30 (g) a writ of execution (i) in respect of a judgment in a simplified action $15 (ii) in respect of a judgment in any other proceeding $30 (h) an Anton Piller order, per defendant $50 Fees payable on filing (2) A party shall pay the following fees for the filing of (a) a notice of motion for an extension of time to commence a proceeding $20 (b) a notice of motion for leave to commence a proceeding $30 (c) a notice of motion for summary judgment (i) in an appeal that proceeds by way of action $100 (ii) in any other action $300 (c.1) a notice of motion for a summary trial $50 (d) a requisition for a pre-trial conference (i) in a simplified action or an appeal that proceeds by way of action $100 (ii) in any other action $300 (e) a requisition under rule 155 to fix the time and place for the hearing of a reference (i) in a simplified action or in an appeal that proceeds by way of action $50 (ii) in any other action $150 (f) a requisition for a hearing date in an application or appeal in the Federal Court $50 (g) a caveat warrant, caveat release or caveat payment $20 (h) an order of a tribunal under rule 424 in the case of a party other than the Crown $20 (i) the first document, in each separate claim, after the Court has ordered, pursuant to paragraph 106(a), that claims against one or more parties be pursued separately (plaintiff only) $150 Fees payable for paper copies (3) A person requesting paper copies of documents from the Registry shall pay $0.40 per page. Fees payable for digital recording (4) A person requesting a digital recording of all or part of any day of a proceeding from the Registry shall pay $15 per recording.
Federal Courts Rules — 2
Fees payable for trial or hearing 2 Where a trial or hearing in the Federal Court lasts more than three days, each party who participated at the trial or hearing shall pay a fee determined by applying the formula [(A × B) + C] / D where A is (a) in respect of the hearing of a reference ordered under rule 153, $75, and (b) in respect of any other trial or hearing, $150; B is the number of days of trial or hearing in excess of three; C is the amount payable by the Administrator to a court reporter in respect of the portion of the trial or hearing conducted after the first three days; and D is the number of parties who participated at the trial or hearing.
Federal Courts Rules — 3
Witness fees 3 (1) Subject to subsection (2), a witness is entitled to be paid by the party who arranged for or subpoenaed his or her attendance $20 per day plus reasonable travel expenses, or the amount permitted in similar circumstances in the superior court of the province where the witness appears, whichever is the greater. Expert witness (2) Where a witness, other than a party, is an expert witness, the daily rate referred to in subsection (1) shall be $100. Additional costs to witness (3) A party may pay a witness, in lieu of the amount to which the witness is entitled under subsection (1) or (2), a greater amount equal to the expense or any loss incurred by the witness in attending a proceeding. Amount established by contract (4) In lieu of the amounts to which an expert witness is entitled under subsections (1) and (2), a party may pay the expert witness a greater amount established by contract for his or her services in preparing to give evidence and giving evidence.
Federal Courts Rules — 4
Services of court officers 4 Subject to section 5, the amount payable for the services of a sheriff or of a person referred to in subsection 89(2) shall be the amount permitted for similar services by the tariff of the superior court of the province in which the services were rendered.
Federal Courts Rules — 5
Sheriff’s services where no tariff provided 5 Where the practice of the superior court of the province in which a writ was executed does not provide for sheriff’s fees realizable on execution, the following fees and disbursements are payable to a sheriff on execution: (a) on the amount recovered up to and including $1,000, five per cent of that amount; (b) on the amount recovered in excess of $1,000 and up to and including $4,000, two and one-half per cent of that amount; (c) on the amount recovered in excess of $4,000, one and one-half per cent of that amount; and (d) mileage in respect of seizure and sale and all reasonable and necessary disbursements incurred in the care and removal of property.
Federal Courts Rules — 1
Bill of costs 1 (1) A party seeking an assessment of costs in accordance with this Tariff shall prepare and file a bill of costs. Content (2) A bill of costs shall indicate each assessable service, the applicable tables to this Tariff, the applicable columns and the number of units sought in accordance with those tables and, if the service is assessable based on a number of hours, it shall indicate the number of hours claimed and be supported by evidence of those hours. Disbursements (3) A bill of costs shall include disbursements, including (a) payments to witnesses under Tariff A; and (b) any service, sales, use or consumption taxes paid or payable on counsel fees or disbursements allowed under this Tariff. Evidence of disbursements (4) No disbursement, other than fees paid to the Registry, shall be assessed or allowed under this Tariff unless it is reasonable and it is established by affidavit or by the solicitor appearing on the assessment that the disbursement was made or is payable by the party.
Federal Courts Rules — 2
Calculation 2 (1) On an assessment, the assessment officer shall determine assessable costs by applying the formula A × B + C where A is (a) the number of units allocated to each assessable service, or (b) where the service is based on a number of hours, the number of units allocated to that service multiplied by the number of hours; B is the unit value as established in section 3 and adjusted in accordance with section 4; and C is the amount of assessable disbursements. (2) [Repealed, SOR/2025-232, s. 7]
Federal Courts Rules — 3
Unit value 3 The unit value as at January 1, 1998 is $100.