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RULE 22
INJUNCTIONS, INTERIM PRESERVATION OF PROPERTY, SAMPLES, ETC.

Analysis



Injunctions

22.01. (1) An application for an injunction may be made by a party to a proceeding, at any time after the commencement of the proceeding, whether or not the claim for the injunction was included in the party's statement of claim, originating application, counterclaim or third party notice.

             (2)  Except in a case of urgency when an application for an injunction may be made ex parte , an application for an injunction shall be made upon notice.

             (3)  Notwithstanding rule 22.01, when an urgency exists, an intended plaintiff may make an application for an injunction before the commencement of a proceeding, and an interim injunction may be granted on terms providing for the commencement of the proceeding and such other terms as are just.

             (4)  An application for an interim or interlocutory injunction may be granted, refused or otherwise dealt with by the Court on such terms as are just.

             (5)  On two days' notice or on such shorter notice as the Court may prescribe, an opposing party may apply for the dissolution or modification of an order for an interim injunction, and the Court shall hear and determine the application as expeditiously as is just.

1986 c42 Sch D rule 22.01

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Detention, preservation or inspection of property

22.02. (1) The Court may, on such terms as it thinks just, make an order for the detention, custody or preservation of any property that is the subject matter of a proceeding, or as to which any question may arise therein, or which may be used as evidence therein, or for the inspection of any such property in the possession of a party.

             (2)  For the purpose of enabling an order under rule 22.02(1) to be carried out, the Court may authorize a person to enter any land or building of a party.

             (3)  Where the right of a party to a specific fund or to any amount of money is in dispute in a proceeding, the Court may order the fund or the amount to be paid into Court or otherwise secured.

1986 c42 Sch D rule 22.02

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Samples, experiments or photographs

22.03. (1) The Court may, on such terms as it thinks just, by order, authorize or require

             (a)  a sample to be taken of any property that is the subject matter of a proceeding, or as to which any question may arise;

             (b)  an observation to be made of or on any such property or an experiment to be tried on or with the property; or

             (c)  a photograph to be made of or on any such property.

             (2)  For the purpose of enabling an order under rule 22.03(1) to be carried out, the Court may, by order, authorize any person to enter any property of a party.

1986 c42 Sch D rule 22.03

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Sale of perishable property, etc.

22.04. The Court may, at any time, order the sale, in such manner and on such terms as are just, of any property, other than land, that is of a perishable nature or likely to deteriorate, or that for any other reason it is desirable to sell at once.

1986 c42 Sch D rule 22.04

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Recovery of personal property subject to lien, etc.

22.05. Where a party claims the recovery of specific property other than land, and the opposing party does not dispute the title of the party claiming but claims to be entitled to retain the property, by virtue of a lien or otherwise, as security for a sum of money, the Court may order that the party claiming be at liberty to pay into Court, to abide the event of the proceeding, the amount of money in respect of which the security is claimed and any further amount for interest and costs as the Court may direct, and upon the payment being made, the property claimed be given up to the party claiming.

1986 c42 Sch D rule 22.05

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Allowance of income of property pendente lite

22.06. Where any property forms the subject-matter of a proceeding and the Court is satisfied that it will be more than sufficient to answer all the claims thereon in the proceeding, the Court may, at any time allow the whole or part of the income of the property to be paid, during such period as it may direct, to any party who has an interest therein or may direct that any part of the personal property be transferred or delivered to any party.

1986 c42 Sch D rule 22.06

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Order for early trial, etc.

22.07. Where on the hearing of an application under Rule 22 it appears to the Court that the matter in dispute can be better dealt with at any early trial, the Court may make an order accordingly, including fixing the time, place and mode of trial, and giving such other directions as are just.

1986 c42 Sch D rule 22.07