(1) This rule applies where an action may be brought in rem against a ship or other property.

(2) Except to the extent that jurisdiction has been otherwise specially assigned, an action may be brought in rem against a ship or other property that may be brought in rem in the Federal Court of Canada in all cases in which a claim for relief is made under or by virtue of Canadian maritime law or any other law of Canada relating to navigation and shipping.

(3) An action in rem shall be commenced by issuing a writ of summons in Form 107.

(4) An action in rem may be commenced with an action in personam by the issuance of one writ of summons in Form 108 and may be joined with another proceeding in accordance with Rule 5.

(6) In an action in rem an appearance may be filed in the name of the property named.

(7) No judgment may be taken in an action in rem in default of an appearance being filed except by application to the court.

(8) A person who files a statement of defence to an action in rem shall plead the nature of the interest that the person claims in the ship or other property.

(9) A party may, at any time after an action in rem has been commenced, apply for a warrant for the arrest of the property named by filing with the registrar an "Affidavit to Lead Warrant" in Form 109.

(10) The registrar may, after reading the affidavit,

(11) A warrant to arrest under this rule shall be in Form 110.

(12) Repealed. [B.C. Reg. 147/95, s. 6.]

(13) The warrant shall be served by a person authorized to serve a writ of execution in the manner provided by subrule (5).

(14) The person who serves a warrant shall file proof of service forthwith after service is effected.

(15) The arrest of property that is authorized by the warrant to be arrested takes effect at the time the warrant is served.

(16) After arrest no person shall move the property that has been arrested, unless the court permits it or all parties interested in the action consent.

(17) After property has been arrested, the court may make an order for its safety and preservation on terms that the court considers just and in particular may,

(18) The court may, on application of any interested party, authorize a person to take possession of, and assume responsibility for, property that has been arrested under this rule, but the possession and responsibility shall otherwise continue in the person or persons in possession of the property immediately before the arrest.

(19) The court shall not make an order under subrule (18) unless the court is satisfied that the party making the application has paid or given adequate security for all fees, charges and expenses that will be incurred while the property is in the possession of the person authorized under subrule (18).

(20) A person who wishes to prevent the release of any property that has been arrested under this rule or who wishes to prevent the payment out of court of proceeds of the disposition of property that has been arrested must file a caveat in Form 111 in the registry from which the warrant was issued.

(21) A person who has entered a caveat may withdraw it by filing a notice to that effect in Form 112.

(22) Any person who suffers damages or costs as a result of a caveat being filed without sufficient justification may apply to the court to have those damages and costs summarily determined.

(23) An application under subrule (22) shall be served on the caveator.

(24) If the court finds that the caveator cannot show that there was sufficient justification for entry of the caveat, the court shall summarily determine the amount of damages and costs suffered by the applicant and make an order for payment accordingly.

(25) The court may, upon application of any person having an interest in property arrested under this rule, order the release of the property arrested upon bail being posted.

(26) Bail to answer judgment and obtain the release of property arrested under this rule may be posted by making a payment into court as bail in Form 113 or by delivering to the registrar the guarantee of a chartered bank of Canada or the bond of any surety company licenced to do business in British Columbia in Form 114 or in the manner as the parties may agree or the court may order.

(27) The amount of bail to be posted shall be the lesser of

(28) Unless the court otherwise orders, notice of an application for the release of property arrested under this rule shall be served at least one day before the application is heard

(29) Notice of an application shall include the amount of any bail to be posted and the name of the bank or surety company to be posting the bail.

(30) The registrar shall issue a release from arrest in Form 115 when

(31) On delivery of the release from arrest to the person in possession and on payment of all fees to and charges incurred in respect of the arrest and custody if any, of the property arrested, the property is released from arrest.

(32) Unless the court otherwise orders, where there is an action arising out of a collision of ships at sea, the following special provisions in subrules (33) to (37) apply.

(33) Where this rule applies, the statement of claim, statement of defence, counterclaim and any other pleadings need not contain any particulars concerning the collision other than those particulars that are necessary to identify the collision to an opposing party.

(34) The statement of claim, statement of defence and any counterclaim shall be accompanied by a sealed envelope that bears the style of proceeding and in which has been enclosed a statement of particulars, to be known as a "preliminary act", that contains the following particulars:

(a) the names of the ships which came into collision and the names of their masters;

(b) the time of the collision;

(c) the place of the collision;

(d) the direction and force of the wind;

(e) the state of the weather;

(f) the state and force of the tide or, if the collision occurred in non-tidal waters, of the current;

(g) the course being steered and the speed through the water of the ship when the other ship was first seen or immediately before any measures were taken with reference to her presence, whichever was the earlier, and all subsequent alterations to the course or speed of the ship up to the time of the collision;

(h) the lights, if any, carried by the ship;

(i) the distance and bearing of the other ship if and when her echo was first observed by radar;

(j) the distance, bearing and approximate heading of the other ship when first seen;

(k) the lights, if any, of the other ship which were first seen;

(l) the lights, if any, of the other ship other than those first seen which came into view before the collision;

(m) the measures which were taken and when to avoid the collision;

(n) the parts of each ship which first came into contact and the approximate angle as illustrated by an appropriate sketch annexed, between the two ships at the moment of contact;

(o) the sound signals that were given, if any, and when;

(p) the fault or default, if any, attributed to the other ship;

(q) the sound signals, if any, that were heard from the other ship and when.
[am. B.C. Reg. 201/2004, s. 7.]

(35) The preliminary act shall be in parallel columns such that the respective particulars referred to in subrule (34) (a) to (q) in respect of each ship can be easily compared.

(36) A preliminary act shall not be opened unless all parties consent or the court, on application of one of the parties, orders it to be opened.

(37) After a preliminary act has been opened, it shall form part of the appropriate pleadings of the party.