Civil Procedure Rules of Nova Scotia  
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Part 15 - Other Kinds of Proceedings

Rule 76 - Interpleader

Scope of Rule 76
76.01 (1) This Rule provides a remedy for a person who must deliver possession of property, or pay a debt or distribute a fund, but who receives conflicting claims to the property, debt, or fund.
  (2) A person may obtain interpleader relief, in accordance with this Rule.
       
Who may obtain interpleader
76.02 (1) A person may make a motion for an interpleader order if all of the following apply:
   
(a)
the person has control of personal or real property or is obligated to pay money, such as to satisfy a debt or distribute a fund;
   
(b)
the person is not beneficially entitled to the property or the money;
   
(c)
conflicting claims are made, or are reasonably expected to be made, to the property or to payment of the money.
  (2) A sheriff, receiver, or other person acting under an order may make a motion for an interpleader order if a claim is made that a thing or money obtained by the sheriff, receiver, or other person is to be delivered or paid differently than provided in the order, such as with a claim to priority over the interest enforced by the order.
       
How interpleader is obtained
76.03 (1) Each of the following persons may seek an interpleader order, in one of the following ways:
   
(a)
a person who controls property or is obligated to pay money at issue in a proceeding, by making a motion in the proceeding;
   
(b)
a person who controls property or is obligated to pay money not at issue in a proceeding, by starting a proceeding under Rule 5 - Application;
   
(c)
a sheriff, receiver, or other person acting under an order, by making a motion in the proceeding in which the order was granted.
  (2) The affidavit in support of the application or motion must include evidence on all of the following subjects:
   
(a)
the circumstances under which the thing came into the person’s control, or the payment came to be due;
   
(b)
the claims made, or the claims that may be made, and the circumstances that make such a claim reasonable;
   
(c)
details of any other possible interests.
  (3) All claimants and, unless a judge directs otherwise, all persons with possible interests must be made respondents on the application or be notified of the motion in accordance with Rule 31 - Notice.
       
Interpleader order
76.04 (1) A judge who determines an application or motion for an interpleader order may order that the person who makes the application or motion deliver the property at issue to a person appointed by the judge or make the payment at issue into court or to a person appointed by a judge.
  (2) The judge may order that the person is discharged from liability for the property, or the obligation to make the payment, when the person makes the delivery or payment provided for in the interpleader order.
  (3) An interpleader order may include further provisions for any of the following:
   
(a)
sale of property that is the subject of the order;
   
(b)
a lien against the property or fund that secures reimbursement of the expenses of the application or motion to the person who obtains the order;
   
(c)
permission for a person who is obliged to pay money, and who obtains the interpleader order, to deduct the expenses of the application or motion from the payment;
   
(d)
an award of costs to the party who obtains the order;
   
(e)
payment of the expenses of the application or motion out of money paid or realized in accordance with the order;
   
(f)
the addition of a claimant, or other interested person, as a party.
  (4) A judge may order that a party is barred from starting a proceeding against the person who makes the application or motion and all persons claiming under that person.
       
Determination of claims
76.05 (1) The judge who grants an interpleader order in circumstances in which all of the following apply may determine the claims to the property, or to payment of money:
   
(a)
the claims are appropriately determined by hearing rather than trial;
   
(b)
all interested persons are parties;
   
(c)
the judge is satisfied each party has sufficient notice of the hearing.
  (2) A judge who does not determine the claims when hearing the interpleader may order that the claims are to be determined by trial or by the hearing of an application in court, and the judge may order any of the following:
   
(a)
addition of a necessary party;
   
(b)
removal of the party who obtains the interpleader order;
   
(c)
removal of, or terms for participation in the interpleader by, a sheriff, receiver, or other person who obtains interpleader when acting under an order;
   
(d)
appointment of a party to have conduct of the interpleader;
   
(e)
conditions under which a party who does not defend or contest the proceeding, or fails to designate an address for delivery, is disentitled to further notice;
   
(f)
a statement of the issues to be determined on the hearing or trial;
   
(g)
continuation of the proceeding as an action or application, or conversion from one to the other.
  (3) A judge who orders claims be determined by trial may do any of the following:
   
(a)
unless the directions about the issues to be determined make it unnecessary, require the parties to file pleadings or specify the documents already filed that stand as the statement of claim of the party having conduct of the proceeding or the statements of defence of other parties;
   
(b)
set deadlines for filing pleadings, disclosing documents and electronic information, completing discoveries, and any other procedure necessary before a date assignment conference;
   
(c)
despite Rules 4.13(1) and (2), of Rule 4 - Action, permit a party to request a date assignment conference at a time, or under conditions, the judge prescribes.
  (4) A judge who orders claims be determined by hearing of an application in court may do anything a judge may do on a motion for directions under Rule 5.09(2), of Rule 5 - Application, or do all of the following:
   
(a)
unless the directions about the issues to be determined make it unnecessary, specify the documents that stand as a notice of application and a notice of contest or direct the party having carriage of the proceeding to file, without starting another proceeding, a notice of application in court and the other parties to file a notice of contest;
   
(b)
set deadlines for filing the notices;
   
(c)
set a time, date, and place for further directions under Rule 5.09, of Rule 5 - Application.
       
Default judgment
76.06 (1) A party to an interpleader who is notified in accordance with an order and fails to file a notice or pleading, or to designate an address for delivery, required by an order is taken to have admitted the claim against the party.
  (2) A party may make a motion to a judge for a default judgment against the party who fails to file a notice or pleading, or to designate an address, required by an order.
  (3) A judge may set aside the default judgment.
       

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