Stop orders
41.16 Stop orders
(cf SCR Part 47, rule 3)
This rule applies to funds in the Supreme Court.
If—
the interest of any person in any funds in court has been mortgaged, charged or assigned, or
a person having an interest in any funds in court is a debtor under a judgment or order of the court,
the court may, on application by the mortgagee, chargee, assignee or creditor under the judgment or order, make an order prohibiting the transfer, sale, delivery out, payment or other dealing in respect of the whole or any part of the funds, or of any income derived from the funds, without notice to the applicant.
An application under subrule (2) is to be made—
if there are proceedings in the court in relation to the funds, by notice of motion in the proceedings, or
in any other case, by summons joining as defendants all persons whose interests may be affected by the application.
The notice of motion or summons must be served on each person whose interest may be affected by the application, but not on any other person.
The court may, on terms, dispense with the joinder of any person as defendant and dispense with service on any person.
The court may order the applicant for an order under subrule (2) to pay the costs of any party to any proceedings in relation to which the funds are in court, or of any other person interested in the funds.
Subrule (6) does not affect the general powers of the Supreme Court as to costs.
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