Crown Liability and Proceedings Act (R.S.C., 1985, c. C-50)

Act current to 2012-05-02 and last amended on 2011-08-15. Previous Versions

Marginal note:No judgment by default without leave

25. In any proceedings against the Crown, judgment shall not be entered against the Crown in default of appearance or pleading without leave of the court obtained on an application at least fourteen clear days notice of which has been given to the Deputy Attorney General of Canada.

  • R.S., 1985, c. C-50, s. 25;
  • 1990, c. 8, s. 31.
Marginal note:No jury trials

26. In any proceedings against the Crown, trial shall be without a jury.

  • R.S., 1985, c. C-50, s. 26;
  • 1990, c. 8, s. 31.
Marginal note:Rules of court

27. Except as otherwise provided by this Act or the regulations, the rules of practice and procedure of the court in which proceedings are taken apply in those proceedings.

  • R.S., 1985, c. C-50, s. 27;
  • 1990, c. 8, s. 31.

Costs

Marginal note:Costs

  • 28. (1) In any proceedings to which the Crown is a party, costs may be awarded to or against the Crown.

  • Marginal note:Costs awarded to Crown

    (2) Costs awarded to the Crown shall not be disallowed or reduced on taxation by reason only that the solicitor or counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing those services in the discharge of the officer’s duty and was remunerated therefor by a salary, or for that or any other reason was not entitled to recover any costs from the Crown in respect of the services so rendered.

  • Marginal note:Proceedings include Agreement on Internal Trade proceedings

    (3) For greater certainty, a proceeding referred to in subsection (1) shall include proceedings initiated or conducted under Article 1705 or 1717 of the Agreement as defined in section 2 of the Agreement on Internal Trade Implementation Act.

  • R.S., 1985, c. C-50, s. 28;
  • 1990, c. 8, s. 31;
  • 1996, c. 17, s. 15.

Execution of Judgment

Marginal note:No execution against Crown

29. No execution shall issue on a judgment against the Crown.

  • R.S., 1985, c. C-50, s. 29;
  • 1990, c. 8, s. 31;
  • 2001, c. 4, s. 49(F).
Marginal note:Payment of judgment

  • 30. (1) On receipt of a certificate of judgment against the Crown issued under the regulations or the Federal Courts Rules, the Minister of Finance shall authorize the payment out of the Consolidated Revenue Fund of any money awarded by the judgment to any person against the Crown.

  • Marginal note:Crown costs to be paid to Receiver General

    (2) Any money or costs awarded to the Crown in any proceedings shall be paid to the Receiver General.

  • R.S., 1985, c. C-50, s. 30;
  • 1990, c. 8, s. 31;
  • 2001, c. 4, s. 50(F);
  • 2009, c. 16, s. 29.
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