Federal Courts Rules (SOR/98-106)

Marginal note: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.

• Marginal note:Proof of service

  (2) Proof of service of the documents referred to in subsection (1) shall be filed forthwith after the documents are served.

Marginal note:Possession and responsibility

• 483. (1) Subject to subsection (2), possession of, and responsibility for, property arrested under subsection 482(1) does not vest in the sheriff but continues in the person in possession of the property immediately before the arrest.

• Marginal note:Order for possession of arrested property

  (2) The Court may order a sheriff to take possession of arrested property on condition that a party assume responsibility for any costs or fees incurred or payable in carrying out the order and give security satisfactory to the Court for the payment thereof.

Marginal note:Prohibition against moving arrested property

484. No property arrested under a warrant shall be moved without leave of the Court or the consent of all parties and caveators.

Marginal note:Release of arrested property

485. On motion, the Court may fix the amount of bail to be given for the release of arrested property.

Marginal note:Form of bail

• 486. (1) Unless the parties agree otherwise, bail shall consist of

  • (a) the guaranty of a bank;

  • (b) the bond of a surety company licensed to do business in Canada or to furnish security bonds in the part of Canada where the bond is executed, in Form 486A; or

  • (c) a bail bond in Form 486A.

• Marginal note:Notice of bail

  (2) A party who intends to give bail in the form of a bond referred to in paragraph (1)(b) or (c) shall serve and file a notice of bail, in Form 486B, at least 24 hours before filing the bond.

• Marginal note:Notice of objection to bail

  (3) An adverse party or caveator who is not satisfied with the sufficiency of a bond set out in a notice of bail shall serve and file a notice of objection in Form 486C.

• Marginal note:Sufficiency of bail bond

  (4) Any question as to the form of bail or the sufficiency of a surety may be determined by a designated officer or referred by that officer to the Court.

Marginal note: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.

• Marginal note:Referral to judge or prothonotary

  (2) Where a release is sought under subsection (1), a designated officer may refer the matter to a judge or prothonotary.