Nova Scotia Annotated Civil Procedure Rules
Part 10 - Temporary Remedies
Rule 46 - Payment into Court
Educational Notes (Skip educational note)
46.01 Scope of Rule 46
(1) This Rule allows a party to pay money into court because of a claim, as distinct from Rule 76 - Interpleader, which provides for payment of a fund that is the subject of a dispute.
(2) This Rule requires a person who defends or contests a claim on the basis of tender to pay money into court.
(3) Money paid into court is held, and accounted for, as provided in the Payment into Court Act and Rule 82 - Administration of Civil Proceedings.
(4) A party may make a payment into court, in accordance with this Rule.
46.02 Purposes of payment
A party may make a payment into court to do any of the following:
(a) comply with an order requiring the payment to be made;
(b) provide security for an offer to settle or contribute;
(c) satisfy a claim but leave in issue some amount of the claim, a claim for interest, or a claim for costs;
(d) permit a defence of tender;
(e) obtain a discharge of a conditional claim to property under legislation, such as an order vacating the registration of a lien under the Builders’ Lien Act;
(f) do as allowed or required by legislation or a Rule, such as payment into court by a trustee under the Trustee Act or by a party under Rule 42.10, of Rule 42 - Preservation Order.
46.03 Defence of tender
A party making a claim answered by a defence of tender of money may have summary judgment on the claim, unless the party defending on the basis of tender pays the amount of the alleged tender into court.
46.04 Payment into court on notice
(1) A party may pay money into court by delivering to the prothonotary, and each other party, a notice of payment into court and making the payment to the prothonotary to secure an offer to settle or contribute, satisfy a claim, permit a defence of tender, or provide security required by an order.
(2) The notice of payment into court must not contain the heading of the proceeding, and it must be entitled “Notice of Payment into Court”, be signed by each paying party, and include all of the following information:
(a) the registry number;
(b) the name of the party making the payment;
(c) the name of the party for whose benefit the payment is made;
(d) the names of each other party;
(e) a statement of the amount and purpose of the payment;
(f) a statement of the requirement for keeping the notice confidential.
(3) The prothonotary must, until the proceeding ends, keep confidential a notice of a payment into court that provides security for an offer to settle or contribute, and a person may not have access to the notice under Rule 85 - Access to Court Records, unless a judge directs otherwise.
(4) The notice of payment into court may be in Form 46.04.
N.S. Gaz. Pt. 1, 07/03/2013
46.05 Payment into court on order
(1) A payment into court not referred to in Rule 46.04 must be made under an order.
(2) A person who is allowed or required by legislation to pay money into court, and who is not a party to a proceeding in which the money is at issue, may apply for an order for payment into court.
(3) A person who applies for an order for payment of money into court must include, as respondents, all persons who are known to have an interest in the money and, include in the affidavit, evidence of all of the following:
(a) the material facts and documents giving rise to the payment;
(b) persons who may have an interest in the disposition of the money;
(c) all known information about an interested person’s identity and residence.
46.06 Reduction of payment
(1) A party may make a motion to a judge to reduce the amount of a payment made into court.
(2) An order for reduction of the amount of a payment into court must provide directions to the prothonotary for the amount of the payment out of court and the person to whom it is to be made.
46.07 Payment of money out of court
(1) A prothonotary may pay money held in court as all parties not disentitled to notice agree, unless one of the following exceptions applies:
(a) a child, or a person who is not capable of managing their affairs, is a party;
(b) the prothonotary is aware that a person who may be interested in the fund is not a party;
(c) the prothonotary refers the motion to a judge.
(2) A party may make a motion to a judge for an order requiring payment of money by the prothonotary and the affidavit for the motion must include evidence from the prothonotary of the payment into court, interest earned on it, and any payments out of court from the same fund.