Federal Courts Rules (SOR/98-106)

Marginal note: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.

• Marginal note: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.

Marginal note:Expiration of caveat

• 495 (1) A caveat expires one year after the day on which it was filed.

• Marginal note:Filing of new caveat

  (2) A new caveat may be served and filed before or after the expiration of an existing caveat.

• Marginal note:Withdrawal of caveat

  (3) A person who has filed a caveat may withdraw it at any time by filing a notice in Form 495.

• Marginal note:Setting aside of caveat

  (4) On motion, the Court may order that a caveat be set aside.

Limitation of Liability

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Actions for Collision

Marginal note:Action for collision between ships

• 498 (1) Unless otherwise ordered by the Court, in an action in respect of a collision between ships,

  • (a) the statement of claim need not contain any more particulars concerning the collision than are necessary to identify it to the other parties;

  • (b) the statement of defence need not contain any particulars concerning the collision;

  • (c) a preliminary act shall accompany a statement of claim and a statement of defence or be filed within 10 days after the filing of the statement of claim or the statement of defence, as the case may be; and

  • (d) a preliminary act shall be contained in a sealed envelope bearing the style of cause.

• Marginal note:Preliminary act

  (2) A preliminary act shall state

  • (a) the date of the collision;

  • (b) the time of the collision at the location of the collision;

  • (c) the location of the collision;

  • (d) the names of the ships that collided;

  • (e) in respect of the ship of the party filing the preliminary act,

    • (i) the name of the ship,

    • (ii) the port of registry of the ship,

    • (iii) the name of the master of the ship at time of the collision,

    • (iv) the name and address of the person who was in command at the time of the collision and during the period immediately before the collision,

    • (v) the names and addresses of any persons keeping lookout at the time of the collision and during the period immediately before the collision,

    • (vi) the course of the ship or, if the ship was stationary, its heading, at the time when the other ship was first seen or immediately before any measures were taken with reference to the other ship’s presence, whichever was the earlier,

    • (vii) the speed of the ship through the water at the time when the other ship was first seen or immediately before any measures were taken with reference to the other ship’s presence, whichever was the earlier,

    • (viii) any alteration made to course after the time referred to in subparagraph (vi) or during the period immediately before the collision, and the time at which the alteration was made,

    • (ix) any alteration made to the speed of the ship after the time referred to in subparagraph (vii) or during the period immediately before the collision, and the time at which the alteration was made,

    • (x) any measure taken to avoid the collision, and the time at which the measure was taken,

    • (xi) any sound or visual signals given, and the time at which the signals were given, and

    • (xii) the lights carried by the ship and the lights it was showing at the time of the collision and during the period immediately before the collision;

  • (f) in respect of every other ship involved in the collision,

    • (i) the name of the ship,

    • (ii) the ship’s distance and bearing at the time when its echo was first observed by radar by a person on the ship of the party filing the preliminary act,

    • (iii) the ship’s distance, bearing and approximate heading when it was first seen by a person on the ship of the party filing the preliminary act,

    • (iv) the lights the ship was showing when it was first seen by a person on the ship of the party filing the preliminary act,

    • (v) the lights the ship was showing from the time referred to in subparagraph (iv) to the time of the collision,

    • (vi) any alteration made to the ship’s course after it was first seen by a person on the ship of the party filing the preliminary act, and the time at which the alteration was made,

    • (vii) any alteration made to the ship’s speed after it was first seen by a person on the ship of the party filing the preliminary act, and the time at which the alteration was made,

    • (viii) any measure that the ship took to avoid the collision, and the time at which the measure was taken,

    • (ix) any sound or visual signals given, and the time at which the signals were given, and

    • (x) any fault or default attributed to the ship;

  • (g) the state 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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

PART 14Transitional, Repeal and Coming into Force

Transitional

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

503 [Repealed, SOR/2004-283, s. 25]

Coming Into Force

Marginal note:Coming into force

504 These Rules come into force on April 25, 1998.