Does Rule 45.02 refer to a specific fund?
Ontario, Canada
The following excerpt is from American Axle & Manufacturing, Inc. v. Durable Release Coaters Limited, 2007 CanLII 20094 (ON SC):
Rule 45.02 refers to a "specific fund". In Rotin v. Lechcier-Kimel, [1985] O.J. No. 466, 3 C.P.C. (2d) 15 (H.C.J.), White J. stated [at p. 18 C.P.C.]: In my opinion, "Specific Fund", in the absence of jurisprudence indicating otherwise, means a reasonably identifiable fund earmarked to the litigation in issue. That which a mortgagor owes on a mortgage is a mere chase in action and in my opinion has not assumed the status of a specific fund.
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