Nova Scotia Annotated Civil Procedure Rules

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Part 10 - Temporary Remedies

Rule 41 - Interlocutory Injunction and Receivership

Educational Notes (Skip educational note)

  • 41.01 - Definitions

    41.01 Definitions

    In this Rule,

    “interim injunction” and “interim receivership” mean an order for an injunction or receivership effective before a motion for an interlocutory injunction or interlocutory receivership is determined;

    “interlocutory injunction” and “interlocutory receivership” mean an order for an injunction or receivership granted on notice of motion and effective before the trial of an action or hearing of an application to which the interlocutory injunction or interlocutory receivership relate;

  • 41.02 - Scope of Rule 41

    41.02 Scope of Rule 41

    (1)   Nothing in this Rule alters the general law about obtaining an interim or interlocutory injunction before a dispute is heard and determined on the merits.

    (2)   An interim receivership serves to control a corporation or other entity, or to protect assets, until a motion for an interlocutory receivership is determined.

    (3)   An interlocutory receivership serves one of the following purposes:

    (a)     to control a corporation or other entity during a dispute about the corporation or entity;

    (b)     to liquidate some or all assets at issue so as to preserve the value of the assets pending the outcome of a dispute;

    (c)     to serve a function similar to an interlocutory injunction before default judgment, summary judgment, or the trial or hearing of a defended or contested proceeding for a final receivership order;

    (d)     otherwise, to achieve justice in a proceeding about a corporation, another entity, or assets.

    (4)   An order for a permanent injunction or a final order for receivership may be obtained after an action or an application is determined, under Rule 73 - Receiver, or Rule 75 - Injunction.

    (5)   This Rule has no application to a motion for the appointment of an interim receiver under the Bankruptcy and Insolvency Act.

    (6)   A party may make a motion for an interim or interlocutory injunction, or an interim or interlocutory receivership, in accordance with this Rule.

    (7)   A judge may grant an injunction, or appoint a receiver, before the trial of an action or hearing of an application, in accordance with subsection 43(9) of the Judicature Act and this Rule.

  • 41.03 - Motion on notice

    41.03 Motion on notice

    A party who moves for an interlocutory injunction or interlocutory receivership must make the motion by notice of motion to be heard in chambers or by special appointment.

  • 41.04 - Interim injunction or receivership

    41.04 Interim injunction or receivership

    (1)   A party who files an undertaking as required by Rule 41.06 may make a motion for an interim injunction or interim receivership.

    (2)   A judge who is satisfied on all of the following may grant the motion:

    (a)     the party claims an injunction or receivership as a final remedy in the proceeding, or it is in the interests of justice that an injunction or receivership be in place before determination of the claims in the proceeding;

    (b)     the party  has moved, or will move, for an interlocutory injunction or interlocutory receivership and is proceeding without delay;

    (c)     an urgency exists and it cannot await the determination of the motion for an interlocutory injunction or interlocutory receivership;

    (d)     considering all of the circumstances, it is just to issue an order for an interim injunction or interim receivership.

  • 41.05 - Ex parte interim injunction or receivership

    41.05 Ex parte interim injunction or receivership

    (1)   A judge who is satisfied there are circumstances of sufficient gravity to justify making a motion for an interim injunction or interim receivership without notice may grant an ex parte order.

    (2)   Rules 22.04 to 22.09 of Rule 22 - General Provisions for Motions apply to an ex parte motion for an interim injunction or interim receivership.

  • 41.06 - Undertaking and award of damages

    41.06 Undertaking and award of damages

    (1)   A party who makes a motion for an interim or interlocutory injunction, or an interim or interlocutory receivership, must file, with the ex parte motion or notice of motion, an undertaking to do all of the following:

    (a)     indemnify another party for losses caused by the interim or interlocutory injunction or the interim or interlocutory receivership if a judge who finally determines the claim is satisfied that the injunction or receivership is not justified in light of the findings on final determination;

    (b)     move without delay for an interlocutory injunction or interlocutory receivership, if the party successfully makes a motion for an interim injunction or interim receivership;

    (c)     bring the party’s claim to a final determination without delay.

    (2)   A judge may assess damages, and grant an order for judgment on an undertaking after a claim is discontinued or dismissed.

    (3)   A failure to proceed without delay may be dealt with under Rule 88 - Abuse of Process.

  • 41.07 - Powers and duties of interim or interlocutory receiver

    41.07 Powers and duties of interim or interlocutory receiver

    (1)   A judge who orders the appointment of an interim or interlocutory receiver may specify powers and duties of the receiver in the order.

    (2)   A judge may vary the powers and duties of the receiver by subsequent order.

    (3)   The duties of a receiver and powers of a judge, under Rule 73 - Receiver, apply to an interim or interlocutory receivership.

  • 41.08 - Restraining or mandatory injunction

    41.08 Restraining or mandatory injunction

    An interim or interlocutory injunction may be restraining, mandatory, or part restraining and part mandatory.

  • 41.09 - Termination and variation

    41.09 Termination and variation

    (1)   An interlocutory injunction or interlocutory receivership terminates when the claim to which it relates is discontinued, or the claim is finally disposed of and the final disposition does not provide for the interlocutory injunction or interlocutory receivership to continue as a final injunction or final receivership.

    (2)   A judge who is satisfied that circumstances have changed may terminate, or vary the terms of, an interlocutory injunction or interlocutory receivership.

  • 41.10 - Order in aid of another court

    41.10 Order in aid of another court

    (1)   A judge who is satisfied on all of the following may, in a proceeding started under Rule 5 - Application, grant an order for an interim or interlocutory injunction or receivership to aid the similar order of a court of another jurisdiction:

    (a)     the order of the other court is made on a basis on which a similar order may be made in Nova Scotia;

    (b)     the order of the Supreme Court of Nova Scotia will aid the enforcement or effectiveness of the order of the other court;

    (c)     there is no proceeding under which the same issues in the proceeding before the other court are to be determined by the Supreme Court of Nova Scotia;

    (d)     the party against whom the order is made is protected in ways similar to the requirement for an undertaking to pay damages, and to proceed without delay, in Rule 41.06.

    (2)   An interlocutory injunction or interlocutory receivership order made by a superior court of another province or a territory of Canada is presumed to be made on a basis on which a similar order may be made in Nova Scotia.