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RULE 52
RECEIVERSHIP ORDERS

Analysis



Application of Rule 50

52.01. The provisions of Rule 50 apply, with the necessary changes, to a person appointed as a receiver under Rule 52.

69/97 s5

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Appointment of a receiver to enforce a judgment or order

52.02. (1) On an ex parte application to have a person appointed a receiver, the Court may, upon being satisfied that it is just and convenient to do so and upon obtaining a satisfactory undertaking, grant an order in Form 52.02A to

             (a)  fix a day for the hearing of the application in rule 52.02(2); or

             (b)  grant an injunction that is ancillary or incidental to the appointment.

             (2)  On an application made on notice to have a person appointed a receiver, the Court may, upon being satisfied that it is just and convenient to do so and upon obtaining satisfactory security, by a receivership order in Form 52.02B

             (a)  appoint a receiver;

             (b)  grant an injunction that is ancillary or incidental to the appointment; or

             (c)  grant such other relief as is just.

             (3)  On an application under rule 52.02(1) or rule 52.02(2) the Court, in determining whether it is just or convenient that a receiver be appointed, shall have regard to

             (a)  the amount of the judgment debt or other demand claimed by the applicant;

             (b)  the amount that may probably be obtained by the receiver; and

             (c)  the probable costs.

             (4)  The provisions of Rule 25 shall apply to a receiver appointed under Rule 52, subject to any necessary modification.

             (5)  Unless the Court otherwise orders, a bond or other security that a receiver gives under rule 25.02 shall be approved by and filed with the Court before a receivership order is issued.

1986 c42 Sch D rule 52.02; 36/14 s68

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Powers of a receiver

52.03. (1) The Court may, in a receivership order or by any subsequent order, direct that a receiver

             (a)  may have the same powers and duties with respect to enforcement proceedings as the sheriff has under the Judgment Enforcement Act ;

             (b)  may pay any claim or prior encumbrance or other lawful expense in order to protect any property received by the receiver or any property of the judgment debtor held by any other person as security, and be allowed any such payment on the passing of the receiver's accounts;

             (c)  may sell property received by the receiver in the same manner as if it were being sold under enforcement proceedings under the Judgment Enforcement Act , or otherwise dispose of the property as ordered by the Court;

             (d)  keep accounts which shall be approved or disbursed as provided in rule 25.04; or

             (e)  do or abstain from doing such other acts or things as the Court thinks just.

             (2)  A receiver shall forthwith on receiving any property of a judgment debtor under a receivership order, or a certificate from a third person listing property of a judgment debtor in the judgment debtor's possession, send by ordinary mail to the judgment debtor at the judgment debtor's last known address details of the property or a copy of the certificate.

1986 c42 Sch D rule 52.03; 69/97 s5

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Summary application to the Court

52.04. (1) Where a judgment debtor or other person retains possession or control of any property contrary to the provisions of a receivership order, or fails to file a certificate as required by any rule or order, or an adverse claimant claims to be entitled to the property or to have a charge or lien on it, the Court may, on notice,

             (a)  summarily determine whether the judgment debtor or other person shall deliver the property to the receiver or whether the property should be released from the seizure;

             (b)  order any question at issue between the claimants to be summarily determined or tried at such time and in such manner as it thinks just;

             (c)  permit any person to deduct from any property of a judgment debtor in that person's possession or custody any offsetting debt or demand due to that person by the judgment debtor, whether the same is due or accruing due, or is liquidated or unliquidated ;

             (d)  order a judgment debtor or any other person, to be examined or to answer any interrogatory with respect to any property, charge or lien; or

             (e)  award costs or grant such other order as it thinks just.

             (2)  Unless the Court otherwise orders, when an adverse claimant files a claim with the receiver and serves a copy thereof on the judgment creditor and judgment debtor, the adverse claimant shall be deemed to have become a party to the proceeding and entitled to have the claim determined as provided in rule 52.04(1).

1986 c42 Sch D rule 52.04

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Costs

52.05. The costs of an application for any order under Rule 52 and of any proceeding arising therefrom or incidental thereto shall, unless the Court otherwise orders, be retained by the judgment creditor out of the property recovered by the judgment creditor under any receivership order and in priority to the judgment debt.

1986 c42 Sch D rule 52.05