Federal Courts Act (R.S.C., 1985, c. F-7)

Act current to 2016-06-06 and last amended on 2015-06-23. Previous Versions

 [Repealed, 1990, c. 8, s. 8]

Substantive Provisions

Marginal note:Prejudgment interest — cause of action within province
  •  (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

  • Marginal note:Prejudgment interest — cause of action outside province

    (2) A person who is entitled to an order for the payment of money in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province is entitled to claim and have included in the order an award of interest on the payment at any rate that the Federal Court of Appeal or the Federal Court considers reasonable in the circumstances, calculated

    • (a) where the order is made on a liquidated claim, from the date or dates the cause of action or causes of action arose to the date of the order; or

    • (b) where the order is made on an unliquidated claim, from the date the person entitled gave notice in writing of the claim to the person liable therefor to the date of the order.

  • Marginal note:Interest on special damages

    (3) Where an order referred to in subsection (2) includes an amount for special damages, the interest shall be calculated under that subsection on the balance of special damages incurred as totalled at the end of each six month period following the notice in writing referred to in paragraph (2)(b) and at the date of the order.

  • Marginal note:Exceptions

    (4) Interest shall not be awarded under subsection (2)

    • (a) on exemplary or punitive damages;

    • (b) on interest accruing under this section;

    • (c) on an award of costs in the proceeding;

    • (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court;

    • (e) where the order is made on consent, except by consent of the debtor; or

    • (f) where interest is payable by a right other than under this section.

  • Marginal note:Judicial discretion

    (5) The Federal Court of Appeal or the Federal Court may, if it considers it just to do so, having regard to changes in market interest rates, the conduct of the proceedings or any other relevant consideration, disallow interest or allow interest for a period other than that provided for in subsection (2) in respect of the whole or any part of the amount on which interest is payable under this section.

  • Marginal note:Application

    (6) This section applies in respect of the payment of money under judgment delivered on or after the day on which this section comes into force, but no interest shall be awarded for a period before that day.

  • Marginal note:Canadian maritime law

    (7) This section does not apply in respect of any case in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law.

  • R.S., 1985, c. F-7, s. 36;
  • 1990, c. 8, s. 9;
  • 2002, c. 8, s. 36.
Marginal note:Judgment interest — causes of action within province
  •  (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

  • Marginal note:Judgment interest — causes of action outside or in more than one province

    (2) A judgment of the Federal Court of Appeal or the Federal Court in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province bears interest at the rate that court considers reasonable in the circumstances, calculated from the time of the giving of the judgment.

  • R.S., 1985, c. F-7, s. 37;
  • 1990, c. 8, s. 9;
  • 2002, c. 8, s. 37.

 [Repealed, 1990, c. 8, s. 9]

Marginal note:Prescription and limitation on proceedings
  •  (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province.

  • Marginal note:Prescription and limitation on proceedings in the Court, not in province

    (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose.

  • (3) [Repealed, 1990, c. 8, s. 10]

  • R.S., 1985, c. F-7, s. 39;
  • 1990, c. 8, s. 10;
  • 2002, c. 8, s. 38.
Marginal note:Vexatious proceedings
  •  (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court.

  • Marginal note:Attorney General of Canada

    (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3).

  • Marginal note:Application for rescission or leave to proceed

    (3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding.

  • Marginal note:Court may grant leave

    (4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding.

  • Marginal note:No appeal

    (5) A decision of the court under subsection (4) is final and is not subject to appeal.

  • R.S., 1985, c. F-7, s. 40;
  • 1990, c. 8, s. 11;
  • 2002, c. 8, s. 39.

 [Repealed, 1990, c. 8, s. 11]

Marginal note:Maritime law continued

 Canadian maritime law as it was immediately before June 1, 1971 continues subject to such changes therein as may be made by this Act or any other Act of Parliament.

  • R.S., c. 10(2nd Supp.), s. 42.
Marginal note:Jurisdiction in personam
  •  (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam.

  • Marginal note:Jurisdiction in rem

    (2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court.

  • Marginal note:Exception

    (3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose.

  • Marginal note:Where action in personam may be commenced

    (4) No action in personam may be commenced in Canada for a collision between ships unless

    • (a) the defendant is a person who has a residence or place of business in Canada;

    • (b) the cause of action arose in Canadian waters; or

    • (c) the parties have agreed that the Federal Court is to have jurisdiction.

  • Marginal note:Exception

    (5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court.

  • Marginal note:Where suit pending outside Canada

    (6) Where an action for a collision between ships has been commenced outside Canada, an action shall not be commenced in Canada by the same person against the same defendant on the same facts unless the action in the other jurisdiction has been discontinued.

  • Marginal note:Ship owned by sovereign power

    (7) No action in rem may be commenced in Canada against

    • (a) any warship, coast-guard ship or police vessel;

    • (b) any ship owned or operated by Canada or a province, or any cargo laden thereon, where the ship is engaged on government service; or

    • (c) any ship owned or operated by a sovereign power other than Canada, or any cargo laden thereon, with respect to any claim where, at the time the claim arises or the action is commenced, the ship is being used exclusively for non-commercial governmental purposes.

  • Marginal note:Arrest

    (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is owned by the beneficial owner of the ship that is the subject of the action.

  • Marginal note:Reciprocal security

    (9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until security has been given to answer judgment in the cross-action or counter-claim.

  • R.S., 1985, c. F-7, s. 43;
  • 1990, c. 8, s. 12;
  • 1996, c. 31, s. 83;
  • 2002, c. 8, s. 40;
  • 2009, c. 21, s. 18(E).
 
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