Preservation of Property Rules

AuthorDavid A. Crerar
Pages203-227
CHAPTERl6
Preservation
of
Property
Rules
A.
GENERALLY
Rules
of
court
in
every
Canadian
jurisdiction
allow
the
court
to
make
an
order
for
the
preservation
of
any
property
that
is
the
subject
mat
ter
of
a
proceeding.
Supreme
Court
Civil
Rules,
BC
Reg
168/2009,
r
10-1
Alberta
Rules
of
Court,
Alta
Reg
124/2010,
r
6.25
The
Queen's
Bench
Rules,
S
Gaz
27
December
2013,
2684,
r
6-42
Court
of
Queen's
Bench
Rules,
Man
Reg
553/88,
rr
45.01
&
45.02
Rules
of
Civil
Procedure,
RRO
1990,
Reg
194,
rr
45.01
&
45.02
(also
adopted
by
Prince
Edward
Island)
Code
of
Civil
Procedure,
CQLR
c
C-25.01,
art
516-23
Rules
of
Court,
NB
Reg
82-73,
rr
35.02,35.03,
and
40.03
Nova
Scotia
Civil
Procedure
Rules,
Royal
Gaz
19
November
2008,
r
42.01
Rules
of
the
Supreme
Court,
1986,
SNL1986,
C42,
Schedule
D,
r
22.02
Rules
of
Court,
YOIC
2009/65,
r
52
Rules
of
the
Supreme
Court
of
the
Northwest
Territories,
NWT
Reg
010-96,
rr
468-72
Rules
of
the
Supreme
Court
of
the
Northwest
Territories,
NWT
Reg
(Nu)
010-96,
rr
468-72
Federal
Courts
Rules,
SOR/g8-io6,
rr
377-79
203
204
Mareva
and
Anton
Piller
Preservation
Orders
in
Canada:
A
Practical
Guide
B.
BRITISH
COLUMBIA
RULE
10-1
i)
Generally
British
Columbia
Supreme
Court
Civil
Rules,
BC
Reg
168/2009,
m
l
e
10-1
provides
for
the
preservation
of
property:
Property
that
is
the
subject
matter
of
a
proceeding
(1)
The
court
may
make
an
order
for
the
detention,
custody
or
pres
ervation
of
any
property
that
is
the
subject
matter
of
a
proceeding
or
as
to
which
a
question
may
arise
and,
for
the
purpose
of
enabling
an
order
under
this
rule
to
be
carried
out,
the
court
may
authorize
a
person
to
enter
on
any
land
or
building.
Fund
that
is
the
subject
matter
of
a
proceeding
(2)
If
the
right
of
a
party
to
a
specific
fund
is
in
dispute
in
a
proceeding,
the
court
may
order
the
fund
to
be
paid
into
court
or
otherwise
secured.
Allowance
of
income
from
property
(3)
If
property
is
the
subject
matter
of
a
proceeding
and
the
court
is
satisfied
that
the
property
will
be
more
than
sufficient
to
answer
all
claims
on
it,
the
court
at
any
time
(a)
may
allow
the
whole
or
part
of
the
income
of
the
property
to
be
paid,
during
such
period
as
the
court
may
direct,
to
a
party
who
has
an
interest
in
it,
or
(b)
in
the
case
of
personal
property,
may
order
that
part
of
the
per
sonal
property
be
delivered
or
transferred
to
a
party.
Recovery
of
specific
property
(4)
If
a
party
claims
the
recovery
of
specific
property
other
than
land,
the
court
may
order
that
the
property
claimed
be
given
up
to
the
party,
pending
the
outcome
of
the
proceeding,
either
uncondition
ally
or
on
terms
and
conditions,
if
any,
relating
to
giving
security,
time,
mode
of
trial
or
otherwise.
Compensation
for
wrongful
recovery
(5)
Unless
the
court
otherwise
orders,
if
an
order
is
made
under
subrule
(4)
in
favour
of
a
party,
the
order
must
contain
the
party
s
undertaking
to
abide
by
any
order
that
the
court
may
make
as
to
damages
arising
out
of
delivery
of
the
property
to
the
party
or
com
pliance
with
any
other
order.

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