47. [Repealed, 1990, c. 8, s. 15]
Marginal note:How proceeding against Crown instituted
48. (1) A proceeding against the Crown shall be instituted by filing in the Registry of the Federal Court the original and two copies of a document that may be in the form set out in the schedule and by payment of the sum of $2 as a filing fee.
Marginal note:Procedure for filing originating document
(2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to “The Registry, The Federal Court, Ottawa, Canada”.
- R.S., 1985, c. F-7, s. 48;
- 2002, c. 8, s. 45.
Marginal note:No juries
49. All causes or matters before the Federal Court of Appeal or the Federal Court shall be heard and determined without a jury.
- R.S., 1985, c. F-7, s. 49;
- 2002, c. 8, s. 45.
Marginal note:Stay of proceedings authorized
50. (1) The Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matter
(a) on the ground that the claim is being proceeded with in another court or jurisdiction; or
(b) where for any other reason it is in the interest of justice that the proceedings be stayed.
Marginal note:Stay of proceedings required
(2) The Federal Court of Appeal or the Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown if it appears that the claimant has an action or a proceeding in respect of the same claim pending in another court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect of that matter, acting so as to engage the liability of the Crown.
Marginal note:Lifting of stay
(3) A court that orders a stay under this section may subsequently, in its discretion, lift the stay.
- R.S., 1985, c. F-7, s. 50;
- 2002, c. 8, s. 46.
Marginal note:Stay of proceedings
50.1 (1) The Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Federal Court lacks jurisdiction.
Marginal note:Recommence in provincial court
(2) If the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings.
Marginal note:Prescription and limitation of actions
(3) If proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted.
- 1990, c. 8, s. 16;
- 2002, c. 8, s. 47.
- Date modified: