Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-11-25 and last amended on 2013-08-08. Previous Versions

Federal Courts Rules

SOR/98-106

FEDERAL COURTS ACT

Registration 1998-02-05

Rules for Regulating the Practice and Procedure in the Federal Court of Appeal and the Federal Court

P.C. 1998-125 1998-02-05

Whereas, pursuant to subsection 46(4)Footnote a of the Federal Court Act, a copy of the proposed Federal Court Rules, 1998 was published in the Canada Gazette Part I on September 20, 1997 and interested persons were invited to make representations with respect to the proposed Rules;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to subsection 46(1)Footnote b of the Federal Court Act, hereby approves the annexed Federal Court Rules, 1998, made by the rules committee of the Federal Court of Canada on January 26, 1998.

SHORT TITLE

Marginal note:Short title

 These Rules may be cited as the Federal Courts Rules.

  • SOR/2004-283, s. 2.

PART 1APPLICATION AND INTERPRETATION

Application

Marginal note:Application
  •  (1) These Rules apply to all proceedings in the Federal Court of Appeal and the Federal Court unless otherwise provided by or under an Act of Parliament.

  • Marginal note:Inconsistency with Act

    (2) In the event of any inconsistency between these Rules and an Act of Parliament or a regulation made under such an Act, that Act or regulation prevails to the extent of the inconsistency.

  • SOR/2004-283, s. 2

Interpretation

Marginal note:Definitions

 The following definitions apply in these Rules.

“Act” 

« Loi »

“Act” means the Federal Courts Act.

“action” 

« action »

“action”   means a proceeding referred to in rule 169.

“address for service”

« adresse aux fins de signification »

“address for service” means

  • (a) in respect of a party who has no solicitor of record,

    • (i) the address shown on the last document filed by the party that indicates an address in Canada, or

    • (ii) where the party is the Crown or the Attorney General of Canada, the office of the Deputy Attorney General of Canada in Ottawa; and

  • (b) in respect of a party who has a solicitor of record, the address of the solicitor of record shown on the last filed document that indicates an address.

“Administrator”

« administrateur »

“Administrator” means the Chief Administrator appointed under section 5 of the Courts Administration Service Act, or a person acting on his or her behalf.

“Admiralty action”

« action en matière d’amirauté »

“Admiralty action” means an action in which the Court exercises jurisdiction under section 22 of the Act.

“appeal”

« appel »

“appeal” means a proceeding referred to in rule 335.

“applicant”

« demandeur »

“applicant”

  • (a) except in the case of an application that has been certified as a class proceeding, includes a person on whose behalf an application is commenced; and

  • (b) in the case of an application that has been certified as a class proceeding, means

    • (i) in respect of the common questions of law or fact, the representative applicant, and

    • (ii) in respect of individual questions, the member to whom those questions apply.

“application” 

« demande »

“application” means a proceeding referred to in rule 300.

“assessment officer”

« officier taxateur »

“assessment officer” means an officer of the Registry designated by an order of the Court, a judge or a prothonotary, and includes, in respect of a reference, the referee presiding in the reference.

“business day”

« jour ouvrable »

“business day” means a day that is not a holiday.

“case management judge”

« juge responsable de la gestion de l’instance »

“case management judge” means a judge assigned under paragraph 383(a) or rule 383.1 and includes a prothonotary assigned under paragraph 383(b).

“certified copy”

« copie certifiée conforme »

“certified copy”, in respect of a document in the custody of the Registry, means a copy of the document certified by an officer of the Registry.

“Christmas recess”

« vacances judiciaires de Noël »

“Christmas recess” means the period beginning on December 21 in a year and ending on January 7 in the following year.

“Court”

« Cour »

“Court” means, as the circumstances require,

  • (a) the Federal Court of Appeal, including, in respect of a motion, a single judge of that court; or

  • (b) the Federal Court, including a prothonotary acting within the jurisdiction conferred under these Rules.

“Court file”

« dossier de la Cour »

“Court file” means the file maintained pursuant to rule 23 or 24.

“dispute resolution conference”

« conférence de règlement des litiges »

“dispute resolution conference” means a conference ordered under rule 386.

“filed”

« déposé »

“filed”, in respect of a document, means accepted for filing under rule 72.

“garnishee”

« tiers saisi »

“garnishee” means a person in respect of whom an order attaching a debt to a judgment debtor has been made under rule 449.

“Hague Convention”

« Convention de La Haye »

“Hague Convention” means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965.

“hearing”

« audience »

“hearing” includes a conference held under these Rules.

“holiday”

« jour férié »

“holiday” means a Saturday, Sunday or any other day defined as a holiday in subsection 35(1) of the Interpretation Act.

“intervener”

« intervenant »

“intervener” means a person who has been granted status as an intervener under rule 109.

“issued”

« délivré »

“issued” means

  • (a) in respect of an originating document, dated, signed, sealed with the seal of the Court and assigned a Court file number by the Administrator; and

  • (b) in respect of any other document, dated, signed and sealed with the seal of the Court by the Administrator.

“local office”

« bureau local »

“local office” means an office of the Registry of the Court established by the Administrator other than the principal office.

“motion”

« requête »

“motion” means a request to the Court under, or to enforce, these Rules.

“oath”

« serment »

“oath” includes a solemn affirmation within the meaning of subsection 14(1) of the Canada Evidence Act.

“order”

« ordonnance »

“order” includes

  • (a) a judgment;

  • (b) a decision or other disposition of a tribunal; and

  • (c) a determination of a reference under section 18.3 of the Act.

“originating document”

« acte introductif d’instance »

“originating document” means a document referred to in rule 63.

“party”

« parties »

“party” means

  • (a) in respect of an action, a plaintiff, defendant or third party;

  • (b) in respect of an application,

    • (i) where a tribunal brings a reference under section 18.3 of the Act, a person who becomes a party in accordance with rule 323,

    • (ii) where the Attorney General of Canada brings a reference under section 18.3 of the Act, the Attorney General of Canada and any other person who becomes a party in accordance with rule 323, and

    • (iii) in any other case, an applicant or respondent;

  • (c) in respect of an appeal, an appellant or respondent; and

  • (d) in respect of a motion, the person bringing the motion or a respondent thereto.

“person”

« personne »

“person” includes a tribunal, an unincorporated association and a partnership.

“plaintiff”

« demandeur »

“plaintiff”

  • (a) except in the case of an action that has been certified as a class proceeding, includes a person on whose behalf an action is commenced; and

  • (b) in the case of an action that has been certified as a class proceeding, means

    • (i) in respect of the common questions of law or fact, the representative plaintiff, and

    • (ii) in respect of individual questions, the member to whom those questions apply.

“pleading”

« acte de procédure »

“pleading” means a document in a proceeding in which a claim is initiated, defined, defended or answered.

“principal office”

« bureau principal »

“principal office” means the head office of the Registry of the Court established by the Administrator.

“referee”

« arbitre »

“referee” means a person to whom a matter has been referred under rule 153.

“Registry”

“Registry”[Repealed, SOR/2004-283, s. 3]

“sheriff”

« shérif »

“sheriff” includes a marshal, peace officer or other person to whom a writ, warrant or other process is directed and, in the Province of Quebec, a member of the Ordre professionnel des huissiers de justice du Québec.

“simplified action”

« action simplifiée »

“simplified action” means an action referred to in rule 292.

“solicitor”

« avocat »

“solicitor” means a person referred to in subsection 11(3) of the Act.

“solicitor of record”

« avocat inscrit au dossier »

“solicitor of record” means a solicitor determined under rule 123.

“specially managed proceeding”

« instance à gestion spéciale »

“specially managed proceeding” means a proceeding managed in accordance with rules 383 to 385.

“statement of claim”

« déclaration »

“statement of claim” means a document by which an action is commenced.

“summer recess”

« vacances judiciaires d’été »

“summer recess” means the months of July and August in each year.

“swear”

Version anglaise seulement

“swear”, in respect of an oath, includes affirm.

“third party”

« tierce partie »

“third party” includes a fourth or subsequent party.

“tribunal”

Version anglaise seulement

“tribunal” has the same meaning as “federal board, commission or other tribunal” in the Act.

“unincorporated association”

« association sans personnalité morale »

“unincorporated association” means an organization of two or more persons, other than a partnership, that operates under a common name for a common purpose or undertaking.

“writ of execution”

« bref d’exécution »

“writ of execution” includes a writ of seizure and sale, a writ of possession, a writ of delivery and a writ of sequestration, and any further writ in aid thereof.

  • 2002, c. 8, s. 182;
  • SOR/2002-417, s. 1;
  • SOR/2004-283, s. 3;
  • SOR/2007-301, s. 1.
Marginal note:General principle

 These Rules shall be interpreted and applied so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits.

Marginal note:Matters not provided for

 On motion, the Court may provide for any procedural matter not provided for in these Rules or in an Act of Parliament by analogy to these Rules or by reference to the practice of the superior court of the province to which the subject-matter of the proceeding most closely relates.

Marginal note:Forms

 Where these Rules require that a form be used, the form may incorporate any variations that the circumstances require.

Computation, Extension and Abridgement of Time

Marginal note:Interpretation Act
  •  (1) Subject to subsections (2) and (3), the computation of time under these Rules, or under an order of the Court, is governed by sections 26 to 30 of the Interpretation Act.

  • Marginal note:Period of less than seven days

    (2) Where a period of less than seven days is provided for in these Rules or fixed by an order of the Court, a day that is a holiday shall not be included in computing the period.

  • Marginal note:Christmas recess

    (3) Unless otherwise directed by the Court, a day that falls within the Christmas recess shall not be included in the computation of time under these Rules for filing, amending or serving a document.

Marginal note:Extension by consent
  •  (1) Subject to subsections (2) and (3), a period provided by these Rules may be extended once by filing the consent in writing of all parties.

  • Marginal note:Limitation

    (2) An extension of a period under subsection (1) shall not exceed one half of the period sought to be extended.

  • Marginal note:Exception

    (3) No extension may be made on consent of the parties in respect of a period fixed by an order of the Court or under subsection 203(1), 304(1) or 339(1).

Marginal note:Extension or abridgement
  •  (1) On motion, the Court may extend or abridge a period provided by these Rules or fixed by an order.

  • Marginal note:When motion may be brought

    (2) A motion for an extension of time may be brought before or after the end of the period sought to be extended.

  • Marginal note:Motions for extension in Court of Appeal

    (3) Unless the Court directs otherwise, a motion to the Federal Court of Appeal for an extension of time shall be brought in accordance with rule 369.

  • SOR/2004-283, s. 32.

PART 2ADMINISTRATION OF THE COURT

Officers of the Court

 [Repealed, SOR/2004-283, s. 4]

Marginal note:Court registrars
  •  (1) The Administrator shall arrange that there be in attendance at every sitting of the Court a duly qualified person to act as court registrar for the sitting, who shall, subject to the direction of the Court,

    • (a) make all arrangements necessary to conduct the sitting in an orderly, efficient and dignified manner;

    • (b) keep a record of every material event that transpires during the sitting;

    • (c) keep and be responsible for all books and records of the Court used at the sitting; and

    • (d) keep and be responsible for all exhibits filed during the sitting and mark them, record them and indicate by whom they were filed.

  • Marginal note:Other officers of the Court

    (2) The Administrator shall arrange for the attendance at every sitting of the Court of all persons who are necessary for the proper conduct of the Court at the sitting.

  • SOR/2002-417, s. 2.

Court Seals

Marginal note:Court seals
  •  (1) The seal of each court — the Federal Court of Appeal and the Federal Court — shall be approved by its Chief Justice and shall be kept in the principal office.

  • Marginal note:Facsimiles of seal

    (2) The Chief Justice of each court may authorize one or more facsimiles of the seal of their court to be kept at the Registry.

  • SOR/2004-283, s. 5.

Registry

Marginal note:Registry functions

 Registry functions may be performed by an officer of the Registry at any place and at any time.

 [Repealed, SOR/2013-18, s. 1]

Marginal note:Recommendation boxes

 To provide the public with an opportunity to make comments regarding the administration or rules of the Court, two small locked boxes — one for the Federal Court of Appeal and one for the Federal Court — shall be maintained in every office of the Registry, located and constructed so that members of the public can conveniently insert envelopes into them and identified by a sign indicating

  • (a) “RECOMMENDATIONS FOR THE FEDERAL COURT OF APPEAL” or “RECOMMENDATIONS FOR THE FEDERAL COURT”, as the case may be;

  • (b) that recommendations are invited for amendments to the Federal Courts Rules and improvements in the administration of the Court; and

  • (c) that every recommendation will be sent unopened directly to the Chief Justice of the court in question.

  • SOR/2004-283, s. 6.
Marginal note:Principal office and local offices

 The principal office is located in Ottawa and local offices are located in Calgary, Charlottetown, Edmonton, Fredericton, Halifax, Iqaluit, Montreal, Quebec City, Regina, Saint John, Saskatoon, St. John’s, Toronto, Vancouver, Whitehorse, Winnipeg and Yellowknife.

  • SOR/2006-219, s. 1.
Marginal note:Requests and requisitions

 A request or requisition to the Administrator under these Rules shall be made in Form 18.

Fees

Marginal note:Registry fees

 A party shall pay to the Registry for a service or procedure set out in Tariff A the fees set out in that Tariff.

Marginal note:Sheriff's fees
  •  (1) Subject to subsection (2), a sheriff is entitled to the fees for service and disbursements set out in Tariff A.

  • Marginal note:Modification by Court

    (2) On motion, the Court may increase or decrease the fee payable to a sheriff on execution.

Court Records

Marginal note:Books and records

 The Administrator shall keep, in the National Capital Region, all books and records necessary for recording the proceedings of the Court and shall enter therein all orders, directions, foreign judgments ordered to be registered, pleadings and other documents filed in proceedings.

Marginal note:Caveat register
  •  (1) The Administrator shall keep in the Registry a caveat register, in which all caveats, withdrawals of caveats and orders affecting caveats shall be entered.

  • Marginal note:Entry of caveat

    (2) On the filing of a caveat under subsection 493(1), (2) or (3), the Administrator shall enter the caveat in the caveat register.

Marginal note:Court files
  •  (1) The Administrator shall maintain a file in the National Capital Region in respect of every proceeding in the Court, in which shall be kept, stamped with the date and time of filing and bound permanently in the order of filing,

    • (a) every document filed under these Rules, an order of the Court or an Act of Parliament, other than affidavits or other material filed in support of a motion or as evidence at trial;

    • (b) all correspondence between a party and the Registry;

    • (c) all orders;

    • (d) copies of all writs issued in the proceeding; and

    • (e) such other documents relating to the proceeding as the Court may direct.

  • Marginal note:Annexes

    (2) An annex to the Court file shall be maintained in respect of every proceeding in the Court, in which shall be kept

    • (a) all affidavits;

    • (b) all exhibits; and

    • (c) all other documents and material in the custody of the Court or the Registry that are not required under subsection (1) to be kept in the Court file.

Marginal note:Files for notices of motion
  •  (1) Where, in respect of an action, application or appeal that has not yet been commenced, a notice of motion for an extension of time, for leave to appeal or for any other order under a statute, rule or other enactment is filed, the notice of motion, any affidavits filed in respect thereof and any order made pursuant to the motion shall be kept in Court files maintained for notices of motion of that category.

  • Marginal note:Copies on file

    (2) Where a proceeding referred to in subsection (1) is subsequently commenced, a copy of the order and related material referred to in that subsection shall be placed in the Court file maintained for the proceeding.

Marginal note:Transmission of documents filed in local office

 A document filed in a local office shall be transmitted forthwith by the Administrator to the principal office of the Registry and a certified copy of all such documents shall be kept at the local office and transmitted to any other local office where a copy is required for the business of the Court.

Marginal note:Inspection of files
  •  (1) Where the necessary facilities are available, any person may, with supervision and without interfering with the business of the Court, inspect a Court file or annex.

  • Marginal note:Removal of documents from file

    (2) Nothing shall be removed from a Court file or annex except

    • (a) under an order of the Court;

    • (b) by an officer of the Registry acting in the course of his or her duties; or

    • (c) in accordance with rule 26.1.

  • Marginal note:Removal of files

    (3) Unless otherwise ordered by the Court, no Court file or annex to a Court file shall be removed from the Registry by any person other than

    • (a) a judge, prothonotary or referee; or

    • (b) an officer of the Registry acting in the course of his or her duties.

  • SOR/2002-417, s. 3.
Marginal note:Definition
  •  (1) In this rule, “appeal” includes an appeal of an order of a prothonotary, an application for leave to appeal and an appeal to the Supreme Court of Canada.

  • Marginal note:Removal of exhibits from file

    (2) Subject to subsection (4), exhibits put into evidence shall remain in the Court file either

    • (a) until the time for an appeal has expired, if no appeal has been taken, or

    • (b) until the appeal is disposed of, if an appeal has been taken.

  • Marginal note:Return of exhibits

    (3) On the expiry of the time for appeal or on the disposition of the appeal, the Administrator shall return the exhibits to the respective solicitors or the parties who put the exhibits in evidence.

  • Marginal note:Return on consent

    (4) At any time following judgment, on requisition by the solicitor or party who put an exhibit in evidence or the person who produced it and on the filing of the consent of all parties, the Administrator shall return the exhibit to the person making the requisition.

  • SOR/2002-417, s. 4.

Unclaimed Exhibits

Marginal note:Directions
  •  (1) If exhibits are not returnable to a party, solicitor or person or have not been claimed by a party, solicitor or person within one year after the expiry of the time for appeal or the disposition of the appeal referred to in subsection 26.1(3), the Administrator may seek directions from the Court as to their disposition.

  • Marginal note:Disposal of exhibits

    (2) The Court may, at the request of the Administrator, order that any exhibits not claimed by, or returnable to, a party, solicitor or other person be vested in Her Majesty in right of Canada or be destroyed.

  • SOR/2002-417, s. 5.

Hearings

Marginal note:Sitting of Court

 The Court may sit at any time and at any place.

Marginal note:Public hearings
  •  (1) Subject to subsection (2) and rule 30, hearings of the Court, other than pre-trial or dispute resolution conferences, shall be open and accessible to the public.

  • Marginal note:Hearing in camera

    (2) On motion, the Court may direct that all or part of a proceeding be heard in camera if it is satisfied that the hearing should not be open to the public.

Marginal note:Orders out of court
  •  (1) A judge or prothonotary who is not sitting in court may make an order on a motion if

    • (a) the judge or prothonotary is satisfied that all parties affected have consented thereto;

    • (b) the motion was brought in accordance with rule 369; or

    • (c) for any other reason the judge or prothonotary considers that the order can be made without a hearing without prejudice to any party.

  • Marginal note:Variance

    (2) On motion, the Court may set aside or vary an order made under paragraph (1)(a) on the ground that a party did not consent to it.

Marginal note:Interpreter

 A request by a party under the Official Languages Act for an interpreter at a hearing shall be made in writing and be sent to the Administrator as soon as is practicable before the hearing begins.

Marginal note:Remote conferencing

 The Court may order that a hearing be conducted in whole or in part by means of a telephone conference call, video-conference or any other form of electronic communication.

Marginal note:Technological assistance

 The Court may give directions to facilitate the conduct of a hearing by the use of any electronic or digital means of communication or storage or retrieval of information, or any other technology it considers appropriate.

Marginal note:General Sittings of Trial Division
  •  (1) General Sittings of the Federal Court for the hearing of motions shall be held, except during the Christmas or summer recess or on a holiday,

    • (a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;

    • (b) at Toronto and Vancouver, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court;

    • (c) in Quebec,

      • (i) at Montreal, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court, and

      • (ii) on a day and at any other place fixed by the Chief Justice of the Federal Court; and

    • (d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.

  • Marginal note:Cancellation

    (2) General Sittings may be cancelled by the Chief Justice of the Federal Court if no notice of a motion to be presented at the Sittings has been filed

    • (a) in Ottawa, Montreal, Toronto or Vancouver, at least two days before the day of the Sittings; and

    • (b) in any other place, at least one week before the day of the Sittings.

  • Marginal note:Summer recess

    (3) General Sittings during the summer recess will be announced by the Chief Justice of the Federal Court before June 15 each year.

  • SOR/2004-283, ss. 33, 34;
  • SOR/2013-18, s. 2.
Marginal note:Hearing dates
  •  (1) Subject to rule 298 and paragraph 385(1)(b), motions that can conveniently be heard at the General Sittings of the Federal Court may be made returnable accordingly.

  • Marginal note:Special hearing dates

    (2) A request may be made informally to the Judicial Administrator of the Federal Court of Appeal or the Federal Court, as the case may be, for an appointment of a special time and place

    • (a) for sittings of the Federal Court of Appeal or of a judge of that court to hear a motion; or

    • (b) for sittings of a judge of the Federal Court or of a prothonotary to hear a motion that is likely to be lengthy or a motion to be heard other than at General Sittings.

  • SOR/2004-283, ss. 7, 33.
Marginal note:Adjournment
  •  (1) A hearing may be adjourned by the Court from time to time on such terms as the Court considers just.

  • Marginal note:Adjournment to fixed day

    (2) Where a hearing is adjourned to a fixed day, a party who appeared at the hearing is deemed to have had notice of the adjournment.

  • Marginal note:Notice dispensed with

    (3) Where a party has failed to appear at a hearing, that party need not be served with notice of an adjournment of the hearing.

Marginal note:Failure to give notice

 Where at a hearing the Court considers that any person to whom notice of the hearing has not been given ought to have had such notice, the Court may adjourn the hearing or dismiss the proceeding or motion.

Marginal note:Absence of party

 Where a party fails to appear at a hearing, the Court may proceed in the absence of the party if the Court is satisfied that notice of the hearing was given to that party in accordance with these Rules.

Marginal note:Inability to continue

 If a judge or referee of the Federal Court of Appeal or a Judge, prothonotary or referee of the Federal Court is for any reason unable to continue in a proceeding or to render a judgment that has been reserved, the Chief Justice of the court in question may order that the proceeding be reheard or retried, on any terms that the Chief Justice considers just.

  • SOR/2004-283, s. 8.
Marginal note:Rota of Judges for Vancouver
  •  (1) On or before July 1 in each year, the Chief Justice of the Federal Court shall, in consultation with the other judges of that court, establish a rota of judges for Vancouver for the twelve months commencing on September 1 of that year, excluding the Christmas recess.

  • Marginal note:Powers of Chief Justice of the Federal Court

    (2) The Chief Justice of the Federal Court may make changes to the Vancouver rota, including the substitution of one judge for another during all or part of the judge's period of assignment.

  • Marginal note:Responsibilities of judges

    (3) A judge assigned to Vancouver shall reside in Vancouver for the period of the assignment and hold sittings and otherwise transact the judicial business of the Federal Court in Vancouver and in such other places as may be required.

  • Marginal note:Assignment period

    (4) Except with a judge's consent, the Chief Justice of the Federal Court shall not

    • (a) assign the judge to Vancouver for a period exceeding two months; or

    • (b) reassign the judge to Vancouver for a second assignment within two months after the end of the first.

  • SOR/2004-283, ss. 9, 33, 34.

Summoning of Witnesses or Other Persons

Marginal note:Subpoena for witness
  •  (1) Subject to subsection (4), on receipt of a written request, the Administrator shall issue, in Form 41, a subpoena for the attendance of a witness or the production of a document or other material in a proceeding.

  • Marginal note:Issuance in blank

    (2) A subpoena may be issued in blank and completed by a solicitor or party.

  • Marginal note:Multiple names

    (3) Any number of names may be included in one subpoena.

  • Marginal note:Where leave required

    (4) No subpoena shall be issued without leave of the Court

    • (a) for the production of an original record or of an original document, if the record or document may be proven by a copy in accordance with an Act of Parliament or of the legislature of a province;

    • (b) to compel the appearance of a witness who resides more than 800 km from the place where the witness will be required to attend under the subpoena; or

    • (c) to compel the attendance of a witness at a hearing other than a trial or a reference under rule 153.

  • Marginal note:Ex parte motion

    (5) Leave may be granted under subsection (4) on an ex parte motion.

Marginal note:Personal service of subpoena

 No witness is required to attend under a subpoena unless the subpoena has been personally served on the witness in accordance with paragraph 128(1)(a) and witness fees and travel expenses have been paid or tendered to the witness in the amount set out in Tariff A.

  • SOR/2002-417, s. 6.
Marginal note:Witness fees

 Where a witness is required under these Rules to attend a proceeding other than pursuant to a subpoena, the witness is entitled to witness fees and travel expenses in the amount set out in Tariff A.

 [Repealed, SOR/2002-417, s. 7]

Marginal note:Compelling attendance of detainee

 On motion, the Court may make an order in Form 45 requiring that any person who is in the custody of a prison or penitentiary be brought before the Court.

Marginal note:Failure to obey

 Where a witness who is required to attend at a hearing fails to do so, on motion, the Court may, by a warrant in Form 46, order that the witness be apprehended anywhere in Canada, brought before the Court and

  • (a) detained in custody until the witness's presence is no longer required; or

  • (b) released on a recognizance, with or without sureties, on condition that the witness attend to give evidence.

PART 3RULES APPLICABLE TO ALL PROCEEDINGS

General

Powers

Marginal note:Discretionary powers
  •  (1) Unless otherwise provided by these Rules, if these Rules grant a discretionary power to the Court, a judge or prothonotary has jurisdiction to exercise that power on his or her own initiative or on motion.

  • Marginal note:Exercise of powers on motion

    (2) Where these Rules provide that powers of the Court are to be exercised on motion, they may be exercised only on the bringing of a motion.

  • SOR/2007-130, s. 1.

 [Repealed, SOR/2004-283, s. 10]

Marginal note:Transfer of proceedings

 If a proceeding has been commenced in the Federal Court of Appeal or the Federal Court, a judge of that court may order that the proceeding be transferred to the other court.

  • SOR/2004-283, s. 10.
Marginal note:Prothonotaries
  •  (1) A prothonotary may hear, and make any necessary orders relating to, any motion under these Rules other than a motion

    • (a) in respect of which these Rules or an Act of Parliament has expressly conferred jurisdiction on a judge;

    • (b) in the Federal Court of Appeal;

    • (c) for summary judgment or summary trial other than

      • (i) in an action referred to in subsection (2), or

      • (ii) in respect of a claim referred to in subsection (3);

    • (d) to hold a person in contempt at a hearing referred to in paragraph 467(1)(a);

    • (e) for an injunction;

    • (f) relating to the liberty of a person;

    • (g) to stay, set aside or vary an order of a judge, other than an order made under paragraph 385(a), (b) or (c);

    • (h) to stay execution of an order of a judge;

    • (i) to appoint a receiver;

    • (j) for an interim order under section 18.2 of the Act;

    • (k) to appeal the findings of a referee under rule 163; or

    • (l) for the certification of an action or an application as a class proceeding.

  • Marginal note:Actions not over $50,000

    (2) A prothonotary may hear an action exclusively for monetary relief, or an action in rem claiming monetary relief, in which no amount claimed by a party exceeds $50,000 exclusive of interest and costs.

  • Marginal note:Class proceedings

    (3) A prothonotary may hear a claim in respect of one or more individual questions in a class proceeding in which the amount claimed by a class member does not exceed $50,000 exclusive of interest and costs.

  • Marginal note:Foreign judgment

    (4) A prothonotary may hear an application under rule 327 for registration, recognition or enforcement of a foreign judgment.

  • Marginal note:Matters on consent

    (5) Despite paragraphs (1)(c) and (k), a prothonotary may render any final judgment that could be rendered by a judge of the Federal Court, except in a proceeding in respect of which an Act of Parliament expressly confers jurisdiction on a judge, if the prothonotary is satisfied that all of the parties that will be affected by the judgment have given their consent.

  • SOR/2002-417, s. 8;
  • SOR/2004-283, s. 32;
  • SOR/2007-130, s. 2;
  • SOR/2007-301, s. 2;
  • SOR/2009-331, s. 1.

Appeals of Prothonotaries' Orders

Marginal note:Appeal
  •  (1) An order of a prothonotary may be appealed by a motion to a judge of the Federal Court.

  • Marginal note:Service of appeal

    (2) Notice of the motion shall be served and filed within 10 days after the day on which the order under appeal was made and at least four days before the day fixed for the hearing of the motion.

  • SOR/2004-283, s. 33;
  • SOR/2007-130, s. 3.

Assessors

Marginal note:Role of assessor
  •  (1) The Court may call on an assessor

    • (a) to assist the Court in understanding technical evidence; or

    • (b) to provide a written opinion in a proceeding.

  • Marginal note:Fees and disbursements

    (2) An order made under subsection (1) shall provide for payment of the fees and disbursements of the assessor.

  • Marginal note:Communications with assessor

    (3) All communications between the Court and an assessor shall be in open court.

  • Marginal note:Form and content of question

    (4) Before requesting a written opinion from an assessor, the Court shall allow the parties to make submissions in respect of the form and content of the question to be asked.

  • Marginal note:Answer by assessor

    (5) Before judgment is rendered, the Court shall provide the parties with the questions asked of, and any opinion given by, an assessor and give them an opportunity to make submissions thereon.

  • (6) [Repealed, SOR/2010-176, s. 1]

  • SOR/2010-176, s. 1.

Expert Witnesses

Marginal note:Right to name expert
  •  (1) A party to a proceeding may name an expert witness whether or not an assessor has been called on under rule 52.

  • Marginal note:Expert named jointly

    (2) Two or more of the parties may jointly name an expert witness.

  • SOR/2010-176, s. 2.
Marginal note:Expert’s affidavit or statement
  •  (1) An affidavit or statement of an expert witness shall

    • (a) set out in full the proposed evidence of the expert;

    • (b) set out the expert’s qualifications and the areas in respect of which it is proposed that he or she be qualified as an expert;

    • (c) be accompanied by a certificate in Form 52.2 signed by the expert acknowledging that the expert has read the Code of Conduct for Expert Witnesses set out in the schedule and agrees to be bound by it; and

    • (d) in the case of a statement, be in writing, signed by the expert and accompanied by a solicitor’s certificate.

  • Marginal note:Failure to comply

    (2) If an expert fails to comply with the Code of Conduct for Expert Witnesses, the Court may exclude some or all of the expert’s affidavit or statement.

  • SOR/2010-176, s. 2.
Marginal note:Exception for certain medical professionals

 The rules governing expert witnesses do not apply to a medical professional who has given or is giving medical treatment or advice to a person if the evidence in relation to the person is limited to one or more of the following subjects:

  • (a) the results of an examination;

  • (b) a description of the treatment or advice;

  • (c) the reason the treatment or advice was or is being given; and

  • (d) the results of the treatment or advice.

  • SOR/2010-176, s. 2.
Marginal note:Limit on number of experts
  •  (1) A party intending to call more than five expert witnesses in a proceeding shall seek leave of the Court in accordance with section 7 of the Canada Evidence Act.

  • Marginal note:Leave considerations

    (2) In deciding whether to grant leave, the Court shall consider all relevant matters, including

    • (a) the nature of the litigation, its public significance and any need to clarify the law;

    • (b) the number, complexity or technical nature of the issues in dispute; and

    • (c) the likely expense involved in calling the expert witnesses in relation to the amount in dispute in the proceeding.

  • SOR/2010-176, s. 2.
Marginal note:Objection to expert
  •  (1) A party to a proceeding shall, as early as possible in the proceeding, raise any objection to an opposing party’s proposed expert witness that could disqualify the witness from testifying.

  • Marginal note:Manner of raising objection

    (2) An objection may be raised

    • (a) by serving and filing a document containing the particulars of and basis for the objection; or

    • (b) in accordance with subsection 262(2) or subparagraph 263(c)(i) if, in the case of an action, the objection is known prior to the pre-trial conference.

  • SOR/2010-176, s. 2.
Marginal note:Expert conference
  •  (1) The Court may order expert witnesses to confer with one another in advance of the hearing of the proceeding in order to narrow the issues and identify the points on which their views differ.

  • Marginal note:Presence of parties and counsel

    (2) Subsection (1) does not preclude the parties and their counsel from attending an expert conference but the conference may take place in their absence if the parties agree.

  • Marginal note:Presence of judge or prothonotary

    (3) The Court may order that an expert conference take place in the presence of a judge or prothonotary.

  • Marginal note:Joint statement

    (4) A joint statement prepared by the expert witnesses following an expert conference is admissible at the hearing of the proceeding . Discussions in an expert conference and documents prepared for the purposes of a conference are confidential and shall not be disclosed to the judge or prothonotary presiding at the hearing of the proceeding unless the parties consent.

  • SOR/2010-176, s. 2.

Orders and Directions

Marginal note:Orders on terms
  •  (1) In making an order under these Rules, the Court may impose such conditions and give such directions as it considers just.

  • Marginal note:Other orders

    (2) Where these Rules provide that the Court may make an order of a specified nature, the Court may make any other order that it considers just.

Marginal note:Motion for directions

 A person may at any time bring a motion for directions concerning the procedure to be followed under these Rules.

Varying Rules and Dispensing with Compliance

Marginal note:Varying rule and dispensing with compliance

 In special circumstances, in a proceeding, the Court may vary a rule or dispense with compliance with a rule.

  • SOR/2004-283, s. 11.

Failure to Comply with Rules

Marginal note:Effect of non-compliance

 Non-compliance with any of these Rules does not render a proceeding, a step in a proceeding or an order void, but instead constitutes an irregularity, which may be addressed under rules 58 to 60.

Marginal note:Wrong originating document

 An originating document shall not be set aside only on the ground that a different originating document should have been used.

Marginal note:Motion to attack irregularity
  •  (1) A party may by motion challenge any step taken by another party for non-compliance with these Rules.

  • Marginal note:When motion to be brought

    (2) A motion under subsection (1) shall be brought as soon as practicable after the moving party obtains knowledge of the irregularity.

Marginal note:Orders on motion

 Subject to rule 57, where, on a motion brought under rule 58, the Court finds that a party has not complied with these Rules, the Court may, by order,

  • (a) dismiss the motion, where the motion was not brought within a sufficient time after the moving party became aware of the irregularity to avoid prejudice to the respondent in the motion;

  • (b) grant any amendments required to address the irregularity; or

  • (c) set aside the proceeding, in whole or in part.

Marginal note:Non-compliance with Rules or gap in case

 At any time before judgment is given in a proceeding, the Court may draw the attention of a party to any gap in the proof of its case or to any non-compliance with these Rules and permit the party to remedy it on such conditions as the Court considers just.

Commencement of Proceedings

Manner of Bringing Proceeding

Marginal note:Actions
  •  (1) Subject to subsection (4), a proceeding referred to in rule 169 shall be brought as an action.

  • Marginal note:Applications

    (2) Subject to subsection (4), a proceeding referred to in rule 300 shall be brought as an application.

  • Marginal note:Appeals

    (3) A proceeding referred to in rule 335 shall be brought as an appeal.

  • Marginal note:Exception

    (4) Where by or under an Act of Parliament a person is given the option of bringing a proceeding referred to in rule 169 or 300 as either an action or an application, the person may commence the proceeding as an action or as an application.

Originating documents

Marginal note:Commencement of proceedings
  •  (1) Subject to subsection (2), all actions, applications or appeals shall be commenced by the issuance of an originating document.

  • Marginal note:Exception

    (2) A counterclaim or third party claim in an action brought only against persons who are already parties to the action shall be commenced by the service and filing of the counterclaim or third party claim.

Marginal note:Types of originating documents
  •  (1) Unless otherwise provided by or under an Act of Parliament, the originating document for the commencement of

    • (a) an action, including an appeal by way of an action, is a statement of claim;

    • (b) a counterclaim against a person who is not yet a party to the action is a statement of defence and counterclaim;

    • (c) a third party claim against a person who is not yet a party to the action is a third party claim;

    • (d) an application is a notice of application; and

    • (e) an appeal is a notice of appeal.

  • Marginal note:Other originating documents

    (2) Where by or under an Act of Parliament a proceeding is to be commenced by way of a document different from the originating document required under these Rules, the rules applicable to the originating document apply in respect of that document.

Marginal note:Declaratory relief available

 No proceeding is subject to challenge on the ground that only a declaratory order is sought, and the Court may make a binding declaration of right in a proceeding whether or not any consequential relief is or can be claimed.

Court Documents

Form

Marginal note:Format of printed documents

 A printed document that is prepared for use in a proceeding shall be legible, the print — including all references in the document — shall be in 12-point Times New Roman, Arial or Tahoma font and each page of the document shall

  • (a) be on good quality white or off-white paper, measuring 21.5 cm by 28 cm (8½ in. by 11 in.);

  • (b) have top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm;

  • (c) be printed on one side of the paper only, unless the document is a book of authorities; and

  • (d) have no more than 30 lines, exclusive of headings.

  • SOR/2004-283, s. 12;
  • SOR/2013-18, s. 3.
Marginal note:Heading
  •  (1) The first page of a document prepared for use in a proceeding shall have a heading in Form 66 that sets out

    • (a) the name of the court and the Court file number; and

    • (b) the style of cause in accordance with rule 67.

  • Marginal note:Content of document

    (2) A document prepared for use in a proceeding shall contain

    • (a) the title of the document;

    • (b) its date; and

    • (c) the name, address, telephone number and fax number of the solicitor filing the document or, where a party is not represented by a solicitor, the party's name, an address for service in Canada, a telephone number and any fax number.

  • Marginal note:Signature

    (3) A document prepared for use in a proceeding shall be signed by the solicitor or party filing it.

  • SOR/2004-283, s. 36.
Marginal note:Style of cause in originating document
  •  (1) An originating document shall contain a style of cause that sets out the names of all parties and the capacity of any party that is not acting in its personal capacity.

  • Marginal note:Style of cause in action

    (2) The style of cause in an action shall name each party commencing the action as a plaintiff and each adverse party as a defendant.

  • Marginal note:Style of cause in application

    (3) The style of cause in an application shall name each party commencing the application as an applicant and each adverse party as a respondent and state any legislative provision or rule under which the application is made.

  • Marginal note:Style of cause in appeal

    (4) The style of cause in an appeal shall name each party bringing the appeal as an appellant and each adverse party as a respondent.

  • Marginal note:Short style of cause

    (5) In a document other than an originating document or order, where there are more than two parties to the proceeding, a short style of cause may be used, showing the names of the first party on each side followed by the expression "and others".

  • Marginal note:Motions prior to commencement of proceeding

    (6) Subsections (1) to (4) apply, with such modifications as are required, to a motion brought prior to the commencement of an action, application or appeal.

Marginal note:Language of documents
  •  (1) Subject to subsection (2), all documents required under these Rules to be filed in a proceeding shall be in English or French or be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation.

  • Marginal note:Language of pleadings, etc.

    (2) All pleadings, memoranda of fact and law and written representations on motions shall be in English or French.

Marginal note:Notice of constitutional question

 A notice of a constitutional question referred to in section 57 of the Act shall be in Form 69.

Marginal note:Memorandum of fact and law
  •  (1) A memorandum of fact and law shall contain, in consecutively numbered paragraphs,

    • (a) a concise statement of fact, as Part I of the memorandum;

    • (b) a statement of the points in issue, as Part II of the memorandum;

    • (c) a concise statement of submissions, as Part III of the memorandum;

    • (d) a concise statement of the order sought, including any order concerning costs, as Part IV of the memorandum;

    • (e) a list of the authorities to be referred to, as Part V of the memorandum;

    • (f) in a proceeding other than an appeal, the provisions of any statutes or regulations cited or relied on that have not been reproduced in another party's memorandum, as Appendix A to the memorandum; and

    • (g) in a proceeding other than an appeal, a book of the authorities to be referred to that have not been included in another party's book of authorities, as Appendix B to the memorandum.

  • Marginal note:Enactments in both official languages

    (2) Extracts of federal statutes and regulations in Appendix A to a memorandum of fact and law shall be reproduced in both official languages.

  • Marginal note:Appendices

    (3) Appendices to a memorandum of fact and law may be bound separately from the rest of the memorandum.

  • Marginal note:Length

    (4) Unless otherwise ordered by the Court, a memorandum of fact and law, exclusive of Part V and appendices, shall not exceed 30 pages in length.

  • SOR/2002-417, s. 9.

Filing of Documents

Marginal note:How documents may be submitted
  •  (1) A document may be submitted for filing by being

    • (a) delivered to the Registry;

    • (b) mailed to the Registry; or

    • (c) subject to subsection (2), transmitted to the Registry by fax.

  • Marginal note:Limit on documents filed by fax

    (2) The following documents may not be filed by fax without the consent of the Administrator:

    • (a) a motion record, application record, trial record, appeal book or book of authorities; or

    • (b) any other document that is longer than 20 pages.

  • Marginal note:Fax cover page

    (3) A document that is submitted for filing by fax shall include a cover page in Form 71.

  • Marginal note:Reception by Registry

    (4) A document is not considered to have been submitted until

    • (a) it is received by the Registry and dated by the Administrator; and

    • (b) where a fee for its issuance or filing is payable under Tariff A, the fee is paid.

Marginal note:Irregular documents
  •  (1) Where a document is submitted for filing, the Administrator shall

    • (a) accept the document for filing; or

    • (b) where the Administrator is of the opinion that the document is not in the form required by these Rules or that other conditions precedent to its filing have not been fulfilled, refer the document without delay to a judge or prothonotary.

  • Marginal note:Acceptance, rejection or conditional filing

    (2) On receipt of a document referred under paragraph (1)(b), the judge or prothonotary may direct the Administrator to

    • (a) accept or reject the document; or

    • (b) accept the document subject to conditions as to the making of any corrections or the fulfilling of any conditions precedent.

  • Marginal note:Deemed time of filing

    (3) A document that is accepted for filing shall be considered to have been filed at the time the document was submitted for filing, unless the Court orders otherwise.

Marginal note:Proof of service

 No document required to be served, other than an originating document, shall be filed without proof that it has been served within the time and in the manner provided for by these Rules.

Marginal note:Removal of documents improperly filed
  •  (1) Subject to subsection (2), the Court may, at any time, order that a document that is not filed in accordance with these Rules or pursuant to an order of the Court or an Act of Parliament be removed from the Court file.

  • Marginal note:Opportunity for interested parties to be heard

    (2) An order may be made of the Court's own initiative under subsection (1) only if all interested parties have been given an opportunity to be heard.

Amendments

Marginal note:Amendments with leave
  •  (1) Subject to subsection (2) and rule 76, the Court may, on motion, at any time, allow a party to amend a document, on such terms as will protect the rights of all parties.

  • Marginal note:Limitation

    (2) No amendment shall be allowed under subsection (1) during or after a hearing unless

    • (a) the purpose is to make the document accord with the issues at the hearing;

    • (b) a new hearing is ordered; or

    • (c) the other parties are given an opportunity for any preparation necessary to meet any new or amended allegations.

Marginal note:Leave to amend

 With leave of the Court, an amendment may be made

  • (a) to correct the name of a party, if the Court is satisfied that the mistake sought to be corrected was not such as to cause a reasonable doubt as to the identity of the party, or

  • (b) to alter the capacity in which a party is bringing a proceeding, if the party could have commenced the proceeding in its altered capacity at the date of commencement of the proceeding,

unless to do so would result in prejudice to a party that would not be compensable by costs or an adjournment.

Marginal note:Amendment after expiration of limitation period

 The Court may allow an amendment under rule 76 notwithstanding the expiration of a relevant period of limitation that had not expired at the date of commencement of the proceeding.

Marginal note:Effect of amendment

 Unless the Court orders otherwise, where these Rules provide for doing an act or taking a step in a proceeding within a prescribed period after the service or filing of a document and that document is subsequently amended in accordance with these Rules, the period shall be calculated from the day of service or filing of the amended document, as the case may be.

Marginal note:Manner of amending
  •  (1) A filed document may be amended

    • (a) where the amendment does not require the insertion of more than 10 words in any one page, by writing the amendment on the document, serving a copy of the amended document on all other parties and filing proof of service thereof; and

    • (b) in any other case, by serving and filing an amended document in which the amendments are underlined.

  • Marginal note:Citation of rule or order

    (2) An amendment made under subsection (1) shall indicate the rule or Court order under which the amendment is made.

Affidavit Evidence and Examinations

Affidavits

Marginal note:Form of affidavits
  •  (1) Affidavits shall be drawn in the first person, in Form 80A.

  • Marginal note:Affidavit by blind or illiterate person

    (2) Where an affidavit is made by a deponent who is blind or illiterate, the person before whom the affidavit is sworn shall certify that the affidavit was read to the deponent and that the deponent appeared to understand it.

  • Marginal note:Affidavit by deponent who does not understand an official language

    (2.1) Where an affidavit is written in an official language for a deponent who does not understand that official language, the affidavit shall

    • (a) be translated orally for the deponent in the language of the deponent by a competent and independent interpreter who has taken an oath, in Form 80B, as to the performance of his or her duties; and

    • (b) contain a jurat in Form 80C.

  • Marginal note:Exhibits

    (3) Where an affidavit refers to an exhibit, the exhibit shall be accurately identified by an endorsement on the exhibit or on a certificate attached to it, signed by the person before whom the affidavit is sworn.

  • SOR/2002-417, s. 10.
Marginal note:Content of affidavits
  •  (1) Affidavits shall be confined to facts within the deponent’s personal knowledge except on motions, other than motions for summary judgment or summary trial, in which statements as to the deponent’s belief, with the grounds for it, may be included.

  • Marginal note:Affidavits on belief

    (2) Where an affidavit is made on belief, an adverse inference may be drawn from the failure of a party to provide evidence of persons having personal knowledge of material facts.

  • SOR/2009-331, s. 2.
Marginal note:Use of solicitor's affidavit

 Except with leave of the Court, a solicitor shall not both depose to an affidavit and present argument to the Court based on that affidavit.

Marginal note:Cross-examination on affidavits

 A party to a motion or application may cross-examine the deponent of an affidavit served by an adverse party to the motion or application.

Marginal note:When cross-examination may be made
  •  (1) A party seeking to cross-examine the deponent of an affidavit filed in a motion or application shall not do so until the party has served on all other parties every affidavit on which the party intends to rely in the motion or application, except with the consent of all other parties or with leave of the Court.

  • Marginal note:Filing of affidavit after cross-examination

    (2) A party who has cross-examined the deponent of an affidavit filed in a motion or application may not subsequently file an affidavit in that motion or application, except with the consent of all other parties or with leave of the Court.

Marginal note:Due diligence

 A party who intends to cross-examine the deponent of an affidavit shall do so with due diligence.

Marginal note:Transcript of cross-examination on affidavit

 Unless the Court orders otherwise, a party who conducts a cross-examination on an affidavit shall order and pay for a transcript thereof and send a copy to each other party.

Examinations out of Court

General

Definition of “examination”

 In rules 88 to 100, “examination” means

  • (a) an examination for discovery;

  • (b) the taking of evidence out of court for use at trial;

  • (c) a cross-examination on an affidavit; or

  • (d) an examination in aid of execution.

Marginal note:Manner of examination
  •  (1) Subject to rules 234 and 296, an examination may be conducted orally or in writing.

  • Marginal note:Electronic communications

    (2) The Court may order that an examination out of court be recorded by video recording or conducted by video-conference or any other form of electronic communication.

Oral Examinations

Marginal note:Oral examination
  •  (1) A party requesting an oral examination shall pay the fees and disbursements related to recording the examination in accordance with Tariff A.

  • Marginal note:Examination in Canada

    (2) An oral examination that takes place in Canada shall be recorded by a person authorized to record examinations for discovery under the practice and procedure of a superior court in Canada.

  • Marginal note:Examination outside Canada

    (3) An oral examination that takes place in a jurisdiction outside Canada shall be recorded by a person authorized to record

    • (a) court proceedings in that jurisdiction; or

    • (b) examinations for discovery under the practice and procedure of a superior court in Canada, if the parties consent.

  • Marginal note:Examination to be recorded

    (4) A person who records an oral examination shall record it word for word, including any comment made by a solicitor, other than statements that the attending parties agree to exclude from the record.

Marginal note:Place of oral examination
  •  (1) Where a person to be examined on an oral examination resides in Canada and the person and the parties cannot agree on where to conduct the oral examination, it shall be conducted in the place closest to the person's residence where a superior court sits.

  • Marginal note:Person residing outside Canada

    (2) Where a person to be examined on an oral examination resides outside Canada, the time, place, manner and expenses of the oral examination shall be as agreed on by the person and the parties or, on motion, as ordered by the Court.

  • Marginal note:Travel expenses

    (3) No person is required to attend an oral examination unless reasonable travel expenses have been paid or tendered to the person.

Marginal note:Direction to attend
  •  (1) A party who intends to conduct an oral examination shall serve a direction to attend, in Form 91, on the person to be examined and a copy thereof on every other party.

  • Marginal note:Production for inspection at examination

    (2) A direction to attend may direct the person to be examined to produce for inspection at the examination

    • (a) in respect of an examination for discovery, all documents and other material in the possession, power or control of the party on behalf of whom the person is being examined that are relevant to the matters in issue in the action;

    • (b) in respect of the taking of evidence for use at trial, all documents and other material in that person's possession, power or control that are relevant to the matters in issue in the action;

    • (c) in respect of a cross-examination on an affidavit, all documents and other material in that person's possession, power or control that are relevant to the application or motion; and

    • (d) in respect of an examination in aid of execution, all documents and other material in that person's possession, power or control that are relevant to the person's ability to satisfy the judgment.

  • Marginal note:Service of direction to attend

    (3) A direction to attend an oral examination shall be served

    • (a) where the person to be examined is an adverse party, at least six days before the day of the proposed examination;

    • (b) where the person to be examined is not a party to the proceeding, at least 10 days before the day of the proposed examination; or

    • (c) where the person is to be cross-examined on an affidavit filed in support of a motion, at least 24 hours before the hearing of the motion.

Marginal note:Swearing

 A person to be examined on an oral examination shall be sworn before being examined.

Marginal note:Examining party to provide interpreter
  •  (1) Where a person to be examined on an oral examination understands neither French nor English or is deaf or mute, the examining party shall arrange for the attendance and pay the fees and disbursements of an independent and competent person to accurately interpret everything said during the examination, other than statements that the attending parties agree to exclude from the record.

  • Marginal note:Administrator to provide interpreter

    (2) Where an interpreter is required because the examining party wishes to conduct an oral examination in one official language and the person to be examined wishes to be examined in the other official language, on the request of the examining party made at least six days before the examination, the Administrator shall arrange for the attendance and pay the fees and disbursements of an independent and competent interpreter.

  • Marginal note:Oath of interpreter

    (3) Before aiding in the examination of a witness, an interpreter shall take an oath, in Form 93, as to the performance of his or her duties.

  • SOR/2007-301, s. 3(E).
Marginal note:Production of documents on examination
  •  (1) Subject to subsection (2), a person who is to be examined on an oral examination or the party on whose behalf that person is being examined shall produce for inspection at the examination all documents and other material requested in the direction to attend that are within that person's or party's possession and control, other than any documents for which privilege has been claimed or for which relief from production has been granted under rule 230.

  • Marginal note:Relief from production

    (2) On motion, the Court may order that a person to be examined or the party on whose behalf that person is being examined be relieved from the requirement to produce for inspection any document or other material requested in a direction to attend, if the Court is of the opinion that the document or other material requested is irrelevant or, by reason of its nature or the number of documents or amount of material requested, it would be unduly onerous to require the person or party to produce it.

Marginal note:Objections
  •  (1) A person who objects to a question that is asked in an oral examination shall briefly state the grounds for the objection for the record.

  • Marginal note:Preliminary answer

    (2) A person may answer a question that was objected to in an oral examination subject to the right to have the propriety of the question determined, on motion, before the answer is used at trial.

Marginal note:Improper conduct
  •  (1) A person being examined may adjourn an oral examination and bring a motion for directions if the person believes that he or she is being subjected to an excessive number of questions or to improper questions, or that the examination is being conducted in bad faith or in an abusive manner.

  • Marginal note:Adjournment to seek directions

    (2) A person conducting an oral examination may adjourn the examination and bring a motion for directions if the person believes answers to questions being provided are evasive or if the person being examined fails to produce a document or other material requested under rule 94.

  • Marginal note:Sanctions

    (3) On a motion under subsection (1) or (2), the Court may sanction, through costs, a person whose conduct necessitated the motion or a person who unnecessarily adjourned the examination.

Marginal note:Failure to attend or misconduct

 Where a person fails to attend an oral examination or refuses to take an oath, answer a proper question, produce a document or other material required to be produced or comply with an order made under rule 96, the Court may

  • (a) order the person to attend or re-attend, as the case may be, at his or her own expense;

  • (b) order the person to answer a question that was improperly objected to and any proper question arising from the answer;

  • (c) strike all or part of the person's evidence, including an affidavit made by the person;

  • (d) dismiss the proceeding or give judgment by default, as the case may be; or

  • (e) order the person or the party on whose behalf the person is being examined to pay the costs of the examination.

Marginal note:Contempt order

 A person who does not comply with an order made under rule 96 or 97 may be found in contempt.

Written Examinations

Marginal note:Written examination
  •  (1) A party who intends to examine a person by way of a written examination shall serve a list of concise, separately numbered questions in Form 99A for the person to answer.

  • Marginal note:Objections

    (2) A person who objects to a question in a written examination may bring a motion to have the question struck out.

  • Marginal note:Answers to written examination

    (3) A person examined by way of a written examination shall answer by way of an affidavit.

  • Marginal note:Service of answers

    (4) An affidavit referred to in subsection (3) shall be in Form 99B and be served on every other party within 30 days after service of the written examination under subsection (1).

Marginal note:Application of oral examination rules

 Rules 94, 95, 97 and 98 apply to written examinations, with such modifications as are necessary.

Joinder, Intervention and Parties

Joinder

Marginal note:Joinder of claims
  •  (1) Subject to rule 302, a party to a proceeding may request relief against another party to the same proceeding in respect of more than one claim.

  • Marginal note:Separate capacity

    (2) A party may request relief in a separate capacity in respect of different claims in a single proceeding.

  • Marginal note:Interest in all relief not essential

    (3) Not all parties to a proceeding need have an interest in all relief claimed in the proceeding.

Marginal note:Multiple persons joined as parties

 Two or more persons who are represented by the same solicitor may join in one proceeding as plaintiffs, applicants or appellants where

  • (a) if separate proceedings were brought by each of them, a common question of law or fact would arise in all of the proceedings; or

  • (b) the relief claimed, whether joint, several or alternative, arises from substantially the same facts or matter.

Marginal note:Misjoinder and nonjoinder
  •  (1) No proceeding shall be defeated by reason of the misjoinder or nonjoinder of a person or party.

  • Marginal note:Issues to be determined

    (2) In a proceeding in which a proper person or party has not been joined, the Court shall determine the issues in dispute so far as they affect the rights and interests of the persons who are parties to the proceeding.

Marginal note:Order for joinder or relief against joinder
  •  (1) At any time, the Court may

    • (a) order that a person who is not a proper or necessary party shall cease to be a party; or

    • (b) order that a person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceeding may be effectually and completely determined be added as a party, but no person shall be added as a plaintiff or applicant without his or her consent, signified in writing or in such other manner as the Court may order.

  • Marginal note:Directions

    (2) An order made under subsection (1) shall contain directions as to amendment of the originating document and any other pleadings.

Marginal note:Consolidation of proceedings

 The Court may order, in respect of two or more proceedings,

  • (a) that they be consolidated, heard together or heard one immediately after the other;

  • (b) that one proceeding be stayed until another proceeding is determined; or

  • (c) that one of the proceedings be asserted as a counterclaim or cross-appeal in another proceeding.

Marginal note:Separate determination of claims and issues

 Where the hearing of two or more claims or parties in a single proceeding would cause undue complication or delay or would prejudice a party, the Court may order that

  • (a) claims against one or more parties be pursued separately;

  • (b) one or more claims be pursued separately;

  • (c) a party be compensated for, or relieved from, attending any part of the proceeding in which the party does not have an interest; or

  • (d) the proceeding against a party be stayed on condition that the party is bound by any findings against another party.

Marginal note:Separate determination of issues
  •  (1) The Court may, at any time, order the trial of an issue or that issues in a proceeding be determined separately.

  • Marginal note:Court may stipulate procedure

    (2) In an order under subsection (1), the Court may give directions regarding the procedures to be followed, including those applicable to examinations for discovery and the discovery of documents.

Interpleader

Marginal note:Interpleader
  •  (1) Where two or more persons make conflicting claims against another person in respect of property in the possession of that person and that person

    • (a) claims no interest in the property, and

    • (b) is willing to deposit the property with the Court or dispose of it as the Court directs,

    that person may bring an ex parte motion for directions as to how the claims are to be decided.

  • Marginal note:Directions

    (2) On a motion under subsection (1), the Court shall give directions regarding

    • (a) notice to be given to possible claimants and advertising for claimants;

    • (b) the time within which claimants shall be required to file their claims; and

    • (c) the procedure to be followed in determining the rights of the claimants.

Intervention

Marginal note:Leave to intervene
  •  (1) The Court may, on motion, grant leave to any person to intervene in a proceeding.

  • Marginal note:Contents of notice of motion

    (2) Notice of a motion under subsection (1) shall

    • (a) set out the full name and address of the proposed intervener and of any solicitor acting for the proposed intervener; and

    • (b) describe how the proposed intervener wishes to participate in the proceeding and how that participation will assist the determination of a factual or legal issue related to the proceeding.

  • Marginal note:Directions

    (3) In granting a motion under subsection (1), the Court shall give directions regarding

    • (a) the service of documents; and

    • (b) the role of the intervener, including costs, rights of appeal and any other matters relating to the procedure to be followed by the intervener.

Questions of General Importance

Marginal note:Notice to Attorney General

 Where a question of general importance is raised in a proceeding, other than a question referred to in section 57 of the Act,

  • (a) any party may serve notice of the question on the Attorney General of Canada and any attorney general of a province who may be interested;

  • (b) the Court may direct the Administrator to bring the proceeding to the attention of the Attorney General of Canada and any attorney general of a province who may be interested; and

  • (c) the Attorney General of Canada and the attorney general of a province may apply for leave to intervene.

Parties

Marginal note:Unincorporated associations

 A proceeding may be brought by or against an unincorporated association in the name of the association.

Marginal note:Partnerships

 A proceeding by or against two or more persons as partners may be brought in the name of the partnership.

  • SOR/2002-417, s. 11.
Marginal note:Sole proprietorships

 A proceeding by or against a person carrying on business as a sole proprietor may be brought in the name of the sole proprietorship.

  • SOR/2002-417, s. 11.
Marginal note:Estates and trusts
  •  (1) A proceeding may be brought by or against the trustees, executors or administrators of an estate or trust without joining the beneficiaries of the estate or trust.

  • Marginal note:Order binding on beneficiaries

    (2) Unless the Court orders otherwise, beneficiaries of an estate or trust are bound by an order against the estate or trust.

Marginal note:Where deceased has no representative
  •  (1) Where a party to a proceeding is deceased and the estate of the deceased is not represented, the Court may appoint a person to represent the estate of the deceased or order that the proceeding continue without representation of the estate.

  • Marginal note:Notice

    (2) Before making an order under subsection (1), the Court may require that notice be given to all persons who have an interest in the estate of the deceased.

Marginal note:Representative proceedings
  •  (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that

    • (a) the issues asserted by or against the representative and the represented persons

      • (i) are common issues of law and fact and there are no issues affecting only some of those persons, or

      • (ii) relate to a collective interest shared by those persons;

    • (b) the representative is authorized to act on behalf of the represented persons;

    • (c) the representative can fairly and adequately represent the interests of the represented persons; and

    • (d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding.

  • Marginal note:Powers of the Court

    (2) At any time, the Court may

    • (a) determine whether the conditions set out in subsection (1) are being satisfied;

    • (b) require that notice be given, in a form and manner directed by it, to the represented persons;

    • (c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and

    • (d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately.

  • Marginal note:Orders in representative proceeding

    (3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court.

  • Marginal note:Approval of discontinuance or settlement

    (4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court.

  • Marginal note:Style of cause

    (5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”.

  • SOR/2007-301, s. 4.
Marginal note:Appointment of representatives
  •  (1) The Court may appoint one or more persons to represent

    • (a) unborn or unascertained persons who may have a present, future, contingent or other interest in a proceeding; or

    • (b) a person under a legal disability against or by whom a proceeding is brought.

  • Marginal note:Who may be appointed

    (2) The Court may appoint as a representative under subsection (1)

    • (a) a person who has already been appointed as such a representative under the laws of a province; or

    • (b) a person eligible to act as a representative in the jurisdiction in which the person to be represented is domiciled.

  • Marginal note:Order binding on represented person

    (3) Unless the Court orders otherwise, a person for whom a representative is appointed under subsection (1) is bound by any order made in the proceeding.

Transmission of Interest

Marginal note:Proceeding not to terminate

 A proceeding is not terminated only by reason that a party to a proceeding dies or becomes bankrupt or, in the case of a corporation, ceases to exist.

Marginal note:Assignment, transmission or devolution of interest or liability
  •  (1) Subject to subsection (2), where an interest of a party in, or the liability of a party under, a proceeding is assigned or transmitted to, or devolves upon, another person, the other person may, after serving and filing a notice and affidavit setting out the basis for the assignment, transmission or devolution, carry on the proceeding.

  • Marginal note:Objection to person continuing

    (2) If a party to a proceeding objects to its continuance by a person referred to in subsection (1), the person seeking to continue the proceeding shall bring a motion for an order to be substituted for the original party.

  • Marginal note:Court may give directions

    (3) In an order given under subsection (2), the Court may give directions as to the further conduct of the proceeding.

Marginal note:Failure to continue

 Where an interest of a party in, or the liability of a party under, a proceeding has been assigned or transmitted to, or devolves upon, a person and that person has not, within 30 days, served a notice and affidavit referred to in subsection 117(1) or obtained an order under subsection 117(2), any other party to the proceeding may bring a motion for default judgment or to have the proceeding dismissed.

Representation of Parties

General

Marginal note:Individuals

 Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding.

Marginal note:Corporations or unincorporated associations

 A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.

Marginal note:Parties under legal disability or acting in representative capacity

 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.

  • SOR/2002-417, s. 13;
  • SOR/2007-301, s. 5.
Marginal note:Rights and obligations of party acting in person

 Subject to paragraphs 152(2)(a) and 146(1)(b), unless the Court orders otherwise, a party not represented by a solicitor or a person authorized under rule 120 to represent a party shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.

Solicitor of Record

Marginal note:Deemed solicitor of record

 Where a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party.

Marginal note:Notice of change or removal of solicitor

 A party may change or remove its solicitor of record or appoint a solicitor of record by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.

Marginal note:Motion for removal of solicitor of record
  •  (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record.

  • Marginal note:Manner of service

    (2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor

    • (a) by personal service; or

    • (b) where personal service cannot practicably be effected,

      • (i) by mailing the notice of motion to the party at the party's last known address, or

      • (ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated.

  • Marginal note:Order to be served

    (3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding.

  • Marginal note:Proof of service

    (4) An order under subsection (1) does not take effect until proof of its service has been filed.

Marginal note:Solicitor of record ceasing to act

 A party is deemed not to be represented by a solicitor if the party does not appoint a new solicitor after its solicitor of record

  • (a) dies; or

  • (b) ceases to act for the party because of

    • (i) appointment to a public office incompatible with the solicitor's profession,

    • (ii) suspension or disbarment as a solicitor, or

    • (iii) an order made under rule 125.

Service of Documents

Personal Service

Marginal note:Service of originating documents
  •  (1) An originating document that has been issued, other than in an appeal from the Federal Court to the Federal Court of Appeal or an ex parte application under rule 327, shall be served personally.

  • Marginal note:Exception

    (2) A party who has already participated in the proceeding need not be personally served.

  • Marginal note:Service of notice of appeal on the Crown

    (3) Despite subsections (1) and (2), in the case of an appeal from Federal Court to the Federal Court of Appeal, if the Crown, the Attorney General of Canada or any other minister of the Crown is a respondent, the notice of appeal shall be served personally on them in accordance with rule 133.

  • SOR/2004-283, s. 13;
  • SOR/2010-177, s. 1.
Marginal note:Personal service on individual
  •  (1) Personal service of a document on an individual, other than an individual under a legal disability, is effected

    • (a) by leaving the document with the individual;

    • (b) by leaving the document with an adult person residing at the individual's place of residence, and mailing a copy of the document to the individual at that address;

    • (c) where the individual is carrying on a business in Canada, other than a partnership, in a name or style other than the individual's own name, by leaving the document with the person apparently having control or management of the business at any place where the business is carried on in Canada;

    • (d) by mailing the document to the individual's last known address, accompanied by an acknowledgement of receipt form in Form 128, if the individual signs and returns the acknowledgement of receipt card or signs a post office receipt;

    • (e) by mailing the document by registered mail to the individual's last known address, if the individual signs a post office receipt; or

    • (f) in any other manner provided by an Act of Parliament applicable to the proceeding.

  • Marginal note:Effective day of service

    (2) Service under paragraph (1)(b) is effective on the tenth day after the copy is mailed.

  • Marginal note:Effective day of service

    (3) Service under paragraph (1)(d) or (e) is effective on the day of receipt indicated on the acknowledgement of receipt form or post office receipt, as the case may be.

Marginal note:Personal service on individual under legal disability

 Personal service of a document on an individual under a legal disability is effected by serving the individual in such a manner as the Court may order, having regard to the manner in which the interests of the person will be best protected.

Marginal note:Personal service on corporation
  •  (1) Subject to subsection (2), personal service of a document on a corporation is effected

    • (a) by leaving the document

      • (i) with an officer or director of the corporation or a person employed by the corporation as legal counsel, or

      • (ii) with the person apparently in charge, at the time of the service, of the head office or of the branch or agency in Canada where the service is effected;

    • (b) in the manner provided by any Act of Parliament applicable to the proceeding; or

    • (c) in the manner provided for service on a corporation in proceedings before a superior court in the province in which the service is being effected.

  • Marginal note:Personal service on municipal corporation

    (2) Personal service of a document on a municipal corporation is effected by leaving the document with the chief executive officer or legal counsel of the municipality.

Marginal note:Personal service on partnership

 Personal service of a document on a partnership is effected by leaving the document with

  • (a) where the partnership is a limited partnership, a general partner; and

  • (b) in any other case, a partner or the person who has the control or management of the partnership business at its principal place of business in Canada.

Marginal note:Personal service on sole proprietorship

 Personal service of a document on a sole proprietorship is effected by leaving the document with

  • (a) the sole proprietor; or

  • (b) the person apparently in charge, at the time of the service, of the place of business of the sole proprietorship in Canada where the service is effected.

  • SOR/2002-417, s. 14.
Marginal note:Personal service on unincorporated association

 Personal service of a document on an unincorporated association is effected by leaving the document with

  • (a) an officer of the association; or

  • (b) the person who has the control or management of the affairs of the association at any office or premises occupied by the association.

Marginal note:Personal service of originating document on the Crown
  •  (1) Personal service of an originating document on the Crown, the Attorney General of Canada or any other minister of the Crown is effected by filing the originating document and two copies of it in the Registry.

  • Marginal note:Copy to Deputy Attorney General

    (2) The Administrator shall forthwith transmit a certified copy of an originating document filed under subsection (1)

    • (a) where it was filed at the principal office of the Registry, to the office of the Deputy Attorney General of Canada in Ottawa; and

    • (b) where it was filed at a local office, to the Director of the regional office of the Department of Justice referred to in subsection 4(2) of the Crown Liability and Proceedings (Provincial Court) Regulations.

  • Marginal note:When service is effective

    (3) Service under subsection (1) is effective at the time the document is filed.

Marginal note:Acceptance of service by solicitor

 Personal service of a document on a party may be effected by the acceptance of service by the party's solicitor.

Marginal note:Deemed personal service on a person outside Canada

 Where a person

  • (a) is resident outside Canada and, in the ordinary course of business, enters into contracts or business transactions in Canada in connection with which the person regularly makes use of the services of a person resident in Canada, and

  • (b) made use of such services in connection with a contract or business transaction,

in a proceeding arising out of the contract or transaction, personal service of a document on the person resident outside Canada is effected by personally serving the person resident in Canada.

Marginal note:Substituted service or dispensing with service
  •  (1) Where service of a document that is required to be served personally cannot practicably be effected, the Court may order substitutional service or dispense with service.

  • Marginal note:Motion may be made ex parte

    (2) A motion for an order under subsection (1) may be made ex parte.

  • Marginal note:Order to be served

    (3) A document served by substitutional service shall make reference to the order that authorized the substitutional service.

Service outside Canada

Marginal note:Service outside Canada
  •  (1) Subject to subsection (2), a document to be personally served outside Canada may be served in the manner set out in rules 127 to 136 or in the manner prescribed by the law of the jurisdiction in which service is to be effected.

  • Marginal note:Hague Convention

    (2) Where service is to be effected in a contracting state to the Hague Convention, service shall be as provided by the Convention.

  • Marginal note:Proof of service

    (3) Service of documents outside Canada may be proven

    • (a) in the manner set out in rule 146;

    • (b) in the manner provided by the law of the jurisdiction in which service was effected; or

    • (c) in accordance with the Hague Convention, if service is effected in a contracting state.

Non-personal Service

Marginal note:Service of document other than originating document

 Unless otherwise provided in these Rules, a document that is not an originating document need not be served personally.

Marginal note:Service on other parties

 Documents required to be served by other than personal service shall be served, subject to subsection 36(3) and rule 145, on all other parties in the manner set out in rule 140.

Marginal note:Non-personal service
  •  (1) Service on a party of a document that is not required to be personally served may be effected by personal service or

    • (a) by leaving the document at the party's address for service;

    • (b) by mailing the document to the party's address for service;

    • (c) by delivering the document by courier to the party's address for service;

    • (d) by transmitting the document by fax

      • (i) where the party has a solicitor of record, to the solicitor of record, and

      • (ii) where the party has no solicitor of record, to the party; or

    • (e) in such other manner as the Court may on motion order.

  • Marginal note:Where no address for service

    (2) Where a party has no address for service at the time of service, a document that is not required to be personally served may be served by leaving the document at, or sending it by registered mail or courier to,

    • (a) where the party is an individual, the party's usual or last known address; or

    • (b) where the party is an unincorporated body, a group of persons or a corporation, the principal or last known address of the body or group.

  • Marginal note:Where no known address

    (3) Where a party has no known address at the time of service, a document that is not required to be personally served may be served by depositing the document at the office of the Registry where the proceeding was initiated.

  • Marginal note:Fax cover page

    (4) A document that is served by fax shall include a cover page in Form 140.

Marginal note:Effective date of service by ordinary mail
  •  (1) Service of a document by ordinary mail is effective on the tenth day after it was mailed.

  • Marginal note:Effective date of service by registered mail or courier

    (2) Service of a document by registered mail or courier is effective on the day of receipt indicated on the post office or courier receipt, as the case may be.

Marginal note:Filing before service effective

 Where a document is served by ordinary mail, it may be filed before the day on which service is effective.

Marginal note:Service by fax

 The following documents may not be served by fax without the consent of the recipient:

  • (a) a motion record, application record, trial record, appeal book or book of authorities; or

  • (b) any other document that is longer than 20 pages.

General

Marginal note:Service at any time
  •  (1) Service of a document under these Rules may be effected at any time.

  • Marginal note:Service after 5:00 p.m.

    (2) A document, other than an originating document or a warrant, that is served on a holiday or after 5:00 p.m. at the recipient's local time is deemed to be served at 9:00 a.m. on the next business day.

Marginal note:Where no further service required

 Subject to subsection 207(2), where a person has been served with an originating document and

  • (a) has not filed a notice of appearance or a defence within the time set out in these Rules, or

  • (b) has no address for service,

no further documents in the proceeding need be served on the person prior to final judgment unless the Court orders otherwise.

Marginal note:Proof of service
  •  (1) Service of a document may be proven

    • (a) by an affidavit of service in Form 146A or, where the service is effected in the Province of Quebec, by a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of the Province of Quebec;

    • (b) in respect of a document not required to be personally served, by a certificate by a solicitor in Form 146B;

    • (c) where a document was served under paragraph 140(1)(a) by leaving it at the office of a solicitor, by an acknowledgement of service signed and dated by the solicitor or by someone employed by the solicitor; or

    • (d) where a document was served under rule 134, by an acceptance of service signed and dated by the solicitor.

  • Marginal note:Signature of agent of solicitor

    (2) Where an acknowledgement of service under paragraph (1)(c) is signed by a person on behalf of a solicitor, the person shall sign his or her own name as agent for the solicitor.

Marginal note:Validating service

 Where a document has been served in a manner not authorized by these Rules or by an order of the Court, the Court may consider the document to have been validly served if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person's notice except for the person's avoidance of service.

Marginal note:Where document does not reach person served

 On the motion of a party who did not have notice of a served document or did not obtain notice of it at the time of service, the Court may set aside the consequences of default or grant an extension of time or an adjournment, notwithstanding that the party was served with the document in accordance with these Rules.

Payments

Marginal note:Payments into court
  •  (1) A person who pays money into court shall deliver to the Registry

    • (a) a certified cheque or other bill of exchange drawn on a bank, trust company, credit union or caisse populaire or any other bill of exchange authorized by order of the Court, payable to the order of the Receiver General; and

    • (b) three copies of a tender of payment into court in Form 149.

  • Marginal note:Effective date of payment

    (2) Payment into court by a certified cheque or other bill of exchange that is paid on presentation for payment is effective on the day on which it was delivered to the Registry.

  • Marginal note:Receipt for payment

    (3) When a certified cheque or other bill of exchange is paid, the Administrator shall endorse or acknowledge receipt on a copy of the tender of payment into court and return it to the person who made the payment.

  • SOR/2013-18, s. 4.
Marginal note:Payment out of court

 Where an order has been made by the Court for payment out of court of money that is in the Consolidated Revenue Fund, a requisition shall be made by the Administrator to the Receiver General for an instrument for the amount to be paid out.

Filing of Confidential Material

Marginal note:Motion for order of confidentiality
  •  (1) On motion, the Court may order that material to be filed shall be treated as confidential.

  • Marginal note:Demonstrated need for confidentiality

    (2) Before making an order under subsection (1), the Court must be satisfied that the material should be treated as confidential, notwithstanding the public interest in open and accessible court proceedings.

Marginal note:Marking of confidential material
  •  (1) Where the material is required by law to be treated confidentially or where the Court orders that material be treated confidentially, a party who files the material shall separate and clearly mark it as confidential, identifying the legislative provision or the Court order under which it is required to be treated as confidential.

  • Marginal note:Access to confidential material

    (2) Unless otherwise ordered by the Court,

    • (a) only a solicitor of record, or a solicitor assisting in the proceeding, who is not a party is entitled to have access to confidential material;

    • (b) confidential material shall be given to a solicitor of record for a party only if the solicitor gives a written undertaking to the Court that he or she will

      • (i) not disclose its content except to solicitors assisting in the proceeding or to the Court in the course of argument,

      • (ii) not permit it to be reproduced in whole or in part, and

      • (iii) destroy the material and any notes on its content and file a certificate of their destruction or deliver the material and notes as ordered by the Court, when the material and notes are no longer required for the proceeding or the solicitor ceases to be solicitor of record;

    • (c) only one copy of any confidential material shall be given to the solicitor of record for each party; and

    • (d) no confidential material or any information derived therefrom shall be disclosed to the public.

  • Marginal note:Order to continue

    (3) An order made under subsection (1) continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.

References

Marginal note:Order for reference
  •  (1) The Court may, for the purpose of making an inquiry and report, refer any question of fact in a proceeding to a judge or other person designated by the Chief Justice of the court before which the proceeding is pending.

  • Marginal note:Directions on reference

    (2) Notwithstanding rules 155 to 160, the Court may at any time give directions regarding the conduct of a reference.

  • SOR/2004-283, s. 14.
Marginal note:Stay of related proceedings

 Where a reference is made under rule 153, on motion, the Court may stay any proceeding related to the reference, including a proceeding that has previously been stayed, for a period of not more than six months.

Marginal note:Requisition to fix time and place of reference
  •  (1) On a reference made under rule 153, the referee shall, on the requisition of a party, fix a time and place for the hearing of the reference.

  • Marginal note:Documents to be provided to referee

    (2) A party who makes a requisition under subsection (1) shall provide the referee with a statement of the issues and copies of the pleadings and order of reference.

Marginal note:Conduct of reference

 Unless the Court orders otherwise, a referee shall adopt the simplest, least expensive and most expeditious manner of conducting the reference.

Marginal note:Order for examination or production

 A referee may order that parties be examined for discovery and order the production for inspection and copying by a party of any document or other material relevant to a matter in issue, at the time and place and in the manner set out in the order.

Marginal note:Attendance of witnesses
  •  (1) The attendance of witnesses to give evidence at a reference shall be enforced by subpoena.

  • Marginal note:Recording of evidence on reference

    (2) The testimony of a witness at a reference shall be recorded.

Marginal note:Powers of referee
  •  (1) Subject to subsection (2), a referee shall have the same power and authority in matters of practice and procedure as would a judge of the Court presiding at the trial of an action.

  • Marginal note:Limitation

    (2) A referee shall not commit a person to prison or enforce an order for attachment.

Marginal note:Referral of question to Court
  •  (1) A referee may, before the conclusion of a reference or by a report on the reference, submit any question for determination by the Court.

  • Marginal note:Response to referral

    (2) On receipt of a submission under subsection (1), the Court may

    • (a) require any explanations or reasons from the referee; or

    • (b) remit the matter, or any part thereof, for further inquiry to the same or another referee.

Marginal note:Referee's report
  •  (1) The report of a referee shall include the findings of the referee in the same form as an order of the Court.

  • Marginal note:Filing of report

    (2) The report of a referee, the record of any evidence taken at the hearing of the reference and any exhibits or other documents provided to the referee shall be filed as soon as possible after the report is signed.

  • Marginal note:Notice of report

    (3) On the filing of a referee’s report, the Administrator shall send without delay a copy of it to all parties

    • (a) by registered mail;

    • (b) by electronic means, including facsimile and electronic mail; or

    • (c) by any other means, as directed by the Chief Justice, likely to bring the report to the attention of the party.

  • Marginal note:Proof of receipt

    (4) If a report is transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.

  • SOR/2010-177, s. 2.
Marginal note:Report of referee who is a judge

 The report of a referee who is a judge is final and becomes a judgment of the Court when it is filed.

Marginal note:Appeal of referee's findings
  •  (1) A party may appeal the findings of a report of a referee who is not a judge on motion to the court that ordered the reference.

  • Marginal note:Service of appeal

    (2) Notice of a motion under subsection (1) shall be served and filed within 30 days after filing of the report of a referee and at least 10 days before the day fixed for hearing of the motion.

  • Marginal note:Powers of Court on appeal

    (3) On an appeal under subsection (1), the Court may confirm, vary or reverse the findings of the report and deliver judgment or refer it back to the referee, or to another referee, for further inquiry and report.

  • SOR/2004-283, s. 15.
Marginal note:Report final if not appealed
  •  (1) The report of a referee who is not a judge that is not appealed becomes final 30 days after it is filed.

  • Marginal note:Final report deemed judgment of Court

    (2) A report of a referee, once final, becomes a judgment of the Court.

Summary Disposition

Marginal note:Discontinuances

 A party may discontinue all or part of a proceeding by serving and filing a notice of discontinuance.

Marginal note:Notice of discontinuance

 A party shall file a declaration of settlement or a notice of discontinuance in Form 166 in a proceeding that has been concluded other than by a judgment or discontinuance on consent.

Marginal note:Dismissal for delay

 The Court may, at any time, on the motion of a party who is not in default of any requirement of these Rules, dismiss a proceeding or impose other sanctions on the ground that there has been undue delay by a plaintiff, applicant or appellant in prosecuting the proceeding.

Marginal note:Dismissal where continuation impossible

 Where following an order of the Court it is not possible to continue a proceeding, the Court may dismiss the proceeding.

PART 4ACTIONS

Application of this Part

Marginal note:Application

 This Part applies to all proceedings that are not applications or appeals, including

  • (a) references under section 18 of the Citizenship Act;

  • (b) applications under subsection 33(1) of the Marine Liability Act; and

  • (c) any other proceedings required or permitted by or under an Act of Parliament to be brought as an action.

  • SOR/2004-283, s. 37.
Marginal note:Rules applicable to counterclaims and third parties

 Except as provided in rules 189 to 199, the rules in this Part applicable to plaintiffs and defendants apply, with such modifications as are necessary, to parties bringing or defending counterclaims and third party claims.

Pleadings in an Action

General

Marginal note:Pleadings

 The following pleadings may be filed:

  • (a) in respect of an action,

    • (i) a statement of claim, in Form 171A,

    • (ii) a statement of defence, in Form 171B, and

    • (iii) a reply, in Form 171C;

  • (b) in respect of a counterclaim,

    • (i) a counterclaim, in Form 171D or 171E,,

    • (ii) a defence to counterclaim, in Form 171F, and

    • (iii) a reply to a defence to counterclaim, in Form 171G; and

  • (c) in respect of a third party claim,

    • (i) a third party claim, in Form 171H or 171I,

    • (ii) a third party defence, in Form 171J, and

    • (iii) a reply to a third party defence, in Form 171K.

Marginal note:Pleading after a reply

 No pleading may be filed after a reply without leave of the Court.

Marginal note:Form of pleadings
  •  (1) Pleadings shall be divided into consecutively numbered paragraphs.

  • Marginal note:Allegations set out separately

    (2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

Marginal note:Material facts

 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Marginal note:Pleading law

 A party may raise any point of law in a pleading.

Marginal note:Conditions precedent
  •  (1) The performance or occurrence of a condition precedent to the assertion of a claim or defence need not be pleaded.

  • Marginal note:Contesting condition precedent

    (2) The non-performance or non-occurrence of a condition precedent shall be pleaded.

Marginal note:Documents or conversations

 A pleading shall briefly describe any document or conversation referred to in the pleading, but need not set out the exact words of the document or conversation unless the words are themselves material.

Marginal note:Alternative claims or defences

 A party may plead claims or defences in the alternative.

Marginal note:Subsequent facts

 A party may plead a fact that occurs after the commencement of an action, even though the fact gives rise to a new claim or defence.

Marginal note:Inconsistent pleading

 A party may plead an allegation of fact, or raise a new ground of claim in a pleading, that is inconsistent with a previous pleading only if the party amends the previous pleading accordingly.

Marginal note:Particulars
  •  (1) A pleading shall contain particulars of every allegation contained therein, including

    • (a) particulars of any alleged misrepresentation, fraud, breach of trust, wilful default or undue influence; and

    • (b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

  • Marginal note:Further and better particulars

    (2) On motion, the Court may order a party to serve and file further and better particulars of any allegation in its pleading

Statements of Claim

Marginal note:Claims to be specified

 Every statement of claim, counterclaim and third party claim shall specify

  • (a) the nature of any damages claimed;

  • (b) where monetary relief is claimed, whether the amount claimed, exclusive of interest and costs, exceeds $50,000;

  • (c) the value of any property sought to be recovered;

  • (d) any other specific relief being claimed, other than costs; and

  • (e) whether the action is being proceeded with as a simplified action.

Subsequent Pleadings

Marginal note:Admissions

 In a defence or subsequent pleading, a party shall

  • (a) admit every allegation of material fact in the pleadings of every adverse party that is not disputed;

  • (b) where it is intended to prove a version of facts that differs from that relied on by an adverse party, plead that version of the facts; and

  • (c) plead any matter or fact that

    • (i) might defeat a claim or defence of an adverse party, or

    • (ii) might take an adverse party by surprise if it were not pleaded.

Marginal note:Deemed denial
  •  (1) All allegations of fact in a pleading that are not admitted are deemed to be denied.

  • Marginal note:Proof not required

    (2) Unless denied by an adverse party, it is not necessary that a party prove

    • (a) its right to claim in a representative capacity; or

    • (b) its constitution as a partnership, association or corporation.

Marginal note:Effect of denial

 Where a party alleges an agreement in a pleading, a bare denial of the agreement pleaded by another party shall be construed only as a denial of the making of the agreement or of the facts from which such an agreement may be implied and not as a denial of the legality or legal sufficiency of the agreement.

Marginal note:Set-off

 Where a claim to a sum of money, including a sum that is not ascertained, is relied on as a defence to all or part of a claim made by an adverse party, it may be included in a defence as a set-off against the claim, whether or not it is also added as a counterclaim.

Marginal note:Judgment for balance

 Where judgments in an action and in a counterclaim are given at the same time, the Court may set off the amount of one award against the other, without prejudice as to costs.

Marginal note:Defence of tender

 Subject to section 31.2 of the Crown Liability and Proceedings Act, a defence of tender before action may not be pleaded unless the defendant has paid into court the amount alleged to have been tendered.

Counterclaims

Marginal note:When available
  •  (1) A defendant who claims to be entitled to relief against a plaintiff may make a counterclaim instead of bringing a separate action.

  • Marginal note:Statement of defence and counterclaim

    (2) A counterclaim shall be included in the same document as the statement of defence.

  • Marginal note:Style of cause

    (3) A statement of defence and counterclaim shall contain a second style of cause identifying the plaintiff by counterclaim and the defendants to the counterclaim.

Marginal note:Counterclaim may proceed independently

 A counterclaim may be proceeded with notwithstanding that judgment is given in the action or that the action is stayed or discontinued.

Marginal note:Counterclaim against person not already a party
  •  (1) Where a defendant who counterclaims alleges that a person who is not a party to the action is liable to the defendant along with the plaintiff in respect of the subject-matter of the counterclaim, the defendant may join that person as a defendant to the counterclaim.

  • Marginal note:When counterclaim to be issued

    (2) Where a defendant adds a person who is not already a party as a defendant to a counterclaim, the defendant's statement of defence and counterclaim shall be

    • (a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and

    • (b) served on the person and on the other parties within 30 days after it is issued.

Marginal note:Defence to counterclaim
  •  (1) A defendant to a counterclaim who is already a party to the action shall defend the counterclaim by serving and filing a defence to counterclaim within 30 days after service of the statement of defence and counterclaim.

  • Marginal note:Reply and defence to counterclaim

    (2) A reply and a defence to counterclaim by a plaintiff against whom a counterclaim has been made shall be included in the same document.

Third Party Claims

Marginal note:Availability as of right

 A defendant may commence a third party claim against a co-defendant, or against a person who is not a party to the action, who the defendant claims is or may be liable to the defendant for all or part of the plaintiff's claim.

Marginal note:Where leave of Court required

 With leave of the Court, a defendant may commence a third party claim against a co-defendant, or against another person who is not a defendant to the action, who the defendant claims

  • (a) is or may be liable to the defendant for relief, other than that referred to in rule 193, relating to the subject-matter of the action; or

  • (b) should be bound by the determination of an issue between the plaintiff and the defendant.

Marginal note:Time for third party claim

 A third party claim against a co-defendant shall be served and filed within 10 days after the filing of the statement of defence.

Marginal note:Third party claim against non-defendant
  •  (1) A third party claim against a person who is not already a party to the action shall be

    • (a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and

    • (b) served within 30 days after it is issued.

  • Marginal note:Copy of pleadings

    (2) A third party claim served on a person who is not already a party to the action shall be accompanied by a copy of all pleadings filed in the action.

Marginal note:Time for defence to third party claim
  •  (1) A third party shall defend the plaintiff's claim against the defendant by filing a statement of defence within the time set out in rule 204.

  • Marginal note:Rights and obligations of third party

    (2) A third party defending the plaintiff's claim against the defendant has the same procedural rights and obligations in the action as the defendant, including those in respect of discovery, trial and appeal.

Marginal note:Hearing of third party claim
  •  (1) Unless the Court orders otherwise, a third party claim shall be heard and decided as part of the action from which it arose.

  • Marginal note:Questions of third party liability

    (2) The Court may order the question of liability as between the third party and the defendant to be tried in such a manner, at or after the trial of the action, as is set out in the order.

Marginal note:Order binding on third party
  •  (1) A third party is bound by any order or determination made in an action between the plaintiff and the defendant who made the third party claim, whether or not the third party defended the plaintiff's claim.

  • Marginal note:Consequences of default of third party defence

    (2) A third party who defends neither the third party claim nor the plaintiff's claim is deemed to admit

    • (a) the validity of any judgment obtained by the plaintiff against the defendant, including a judgment obtained by consent; and

    • (b) the third party's liability to contribute or indemnify to the extent specified in the third party claim.

  • Marginal note:Leave required to enforce default judgment

    (3) A judgment against a third party referred to in subsection (2) shall not be enforced without leave of the Court.

Amendment of Pleadings

Marginal note:Amendment as of right

 Notwithstanding rules 75 and 76, a party may, without leave, amend any of its pleadings at any time before another party has pleaded thereto or on the filing of the written consent of the other parties.

Marginal note:Amendment to add new cause of action

 An amendment may be made under rule 76 notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of substantially the same facts as a cause of action in respect of which the party seeking the amendment has already claimed relief in the action.

Close of Pleadings

Marginal note:Close of pleadings

 Pleadings are closed

  • (a) where a statement of defence has not been filed within the period set out in rule 204, on the expiration of that period;

  • (b) on the filing of a reply; or

  • (c) on the expiration of the time for filing a reply.

Time for Service of Pleadings

Marginal note:Statement of claim
  •  (1) A statement of claim shall be served within 60 days after it is issued.

  • Marginal note:Proof of service

    (2) Proof of service of a statement of claim shall be filed within the time set out in rule 204 for the service and filing of a statement of defence.

Marginal note:Defence

 A defendant shall defend an action by serving and filing a statement of defence within

  • (a) 30 days after service of the statement of claim, if the defendant is served in Canada;

  • (b) 40 days after service of the statement of claim, if the defendant is served in the United States; and

  • (c) 60 days after service of the statement of claim, if the defendant is served outside Canada and the United States.

Marginal note:Reply

 A plaintiff's reply to a statement of defence shall be served and filed within 10 days after service of the statement of defence.

Marginal note:Documents referred to in pleadings

 A copy of every document referred to in a pleading shall be served with the pleading or within 10 days after service of the pleading, unless

  • (a) the party being served waives its right to the copy; or

  • (b) the Court orders otherwise.

Marginal note:Service of counterclaim where no new party added
  •  (1) Where a counterclaim is brought against a plaintiff only, or against only a plaintiff and another party to the action, the statement of defence and counterclaim shall be served and filed within the time set out in rule 204.

  • Marginal note:Exception

    (2) Where a defendant to a counterclaim who is also a defendant in the action has failed to file a statement of defence in the action, that defendant shall be served personally with a statement of defence and counterclaim.

Preliminary Objections

Marginal note:Motion to object

 A party who has been served with a statement of claim and who brings a motion to object to

  • (a) any irregularity in the commencement of the action,

  • (b) the service of the statement of claim,

  • (c) the Court as not being a convenient forum, or

  • (d) the jurisdiction of the Court,

does not thereby attorn to the jurisdiction of the Court.

Marginal note:Solicitor of record

 A solicitor appearing for a party bringing a motion referred to in rule 208 shall be considered to be the solicitor of record of the party and the address indicated for the solicitor on the notice of motion or other documents is the address for service of the party.

Default Proceedings

Marginal note:Motion for default judgment
  •  (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim.

  • Marginal note:Motion in writing

    (2) Subject to section 25 of the Crown Liability and Proceedings Act, a motion under subsection (1) may be brought ex parte and in accordance with rule 369.

  • Marginal note:Affidavit evidence

    (3) A motion under subsection (1) shall be supported by affidavit evidence.

  • Marginal note:Disposition of motion

    (4) On a motion under subsection (1), the Court may

    • (a) grant judgment;

    • (b) dismiss the action; or

    • (c) order that the action proceed to trial and that the plaintiff prove its case in such a manner as the Court may direct.

Marginal note:Service pursuant to order for substitutional service

 Judgment shall not be given against a defendant who is in default where service of the statement of claim was effected pursuant to an order for substitutional service, unless the Court is satisfied that it is just to do so having regard to all the circumstances.

Marginal note:Service pursuant to Hague Convention
  •  (1) Where a statement of claim was sent abroad for service on a defendant in a contracting state to the Hague Convention and the defendant has not filed a defence, judgment shall not be given under rule 210 unless the Court is satisfied that

    • (a) the statement of claim was

      • (i) served by a method prescribed by the law of the state in which service was made, or

      • (ii) delivered to the defendant or to the defendant's residence by another method provided for in the Hague Convention; and

    • (b) the defendant has had sufficient time after the service or delivery to file a defence.

  • Marginal note:Judgment

    (2) Notwithstanding subsection (1), the Court may give judgment under rule 210 if

    • (a) the statement of claim was sent by a method provided for in the Hague Convention;

    • (b) a period of not less than six months, or such longer period as the Court considers adequate in the circumstances, has elapsed since the day on which the statement of claim was sent; and

    • (c) no certificate under article 6 of the Hague Convention was received, and every reasonable effort was made to obtain such a certificate through the competent authorities of the state to which the statement of claim was sent.

  • Marginal note:Interlocutory injunction or mandamus

    (3) This rule does not preclude the Court from making an order under rule 373 before service of the statement of claim.

Summary Judgment and Summary Trial

Motion and Service

Marginal note:Motion by a party
  •  (1) A party may bring a motion for summary judgment or summary trial on all or some of the issues raised in the pleadings at any time after the defendant has filed a defence but before the time and place for trial have been fixed.

  • Marginal note:Further motion

    (2) If a party brings a motion for summary judgment or summary trial, the party may not bring a further motion for either summary judgment or summary trial except with leave of the Court.

  • Marginal note:Obligations of moving party

    (3) A motion for summary judgment or summary trial in an action may be brought by serving and filing a notice of motion and motion record at least 20 days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Obligations of responding party

    (4) A party served with a motion for summary judgment or summary trial shall serve and file a respondent’s motion record not later than 10 days before the day set out in the notice of motion for the hearing of the motion.

  • SOR/2009-331, s. 3.

Summary Judgment

Marginal note:Facts and evidence required

 A response to a motion for summary judgment shall not rely on what might be adduced as evidence at a later stage in the proceedings. It must set out specific facts and adduce the evidence showing that there is a genuine issue for trial.

  • SOR/2009-331, s. 3.
Marginal note:If no genuine issue for trial
  •  (1) If on a motion for summary judgment the Court is satisfied that there is no genuine issue for trial with respect to a claim or defence, the Court shall grant summary judgment accordingly.

  • Marginal note:Genuine issue of amount or question of law

    (2) If the Court is satisfied that the only genuine issue is

    • (a) the amount to which the moving party is entitled, the Court may order a trial of that issue or grant summary judgment with a reference under rule 153 to determine the amount; or

    • (b) a question of law, the Court may determine the question and grant summary judgment accordingly.

  • Marginal note:Powers of Court

    (3) If the Court is satisfied that there is a genuine issue of fact or law for trial with respect to a claim or a defence, the Court may

    • (a) nevertheless determine that issue by way of summary trial and make any order necessary for the conduct of the summary trial; or

    • (b) dismiss the motion in whole or in part and order that the action, or the issues in the action not disposed of by summary judgment, proceed to trial or that the action be conducted as a specially managed proceeding.

  • SOR/2009-331, s. 3.

Summary Trial

Marginal note:Motion record for summary trial
  •  (1) The motion record for a summary trial shall contain all of the evidence on which a party seeks to rely, including

    • (a) affidavits;

    • (b) admissions under rule 256;

    • (c) affidavits or statements of an expert witness prepared in accordance with subsection 258(5); and

    • (d) any part of the evidence that would be admissible under rules 288 and 289.

  • Marginal note:Further affidavits or statements

    (2) No further affidavits or statements may be served, except

    • (a) in the case of the moving party, if their content is limited to evidence that would be admissible at trial as rebuttal evidence and they are served and filed at least 5 days before the day set out in the notice of motion for the hearing of the summary trial; or

    • (b) with leave of the Court.

  • Marginal note:Conduct of summary trial

    (3) The Court may make any order required for the conduct of the summary trial, including an order requiring a deponent or an expert who has given a statement to attend for cross-examination before the Court.

  • Marginal note:Adverse inference

    (4) The Court may draw an adverse inference if a party fails to cross-examine on an affidavit or to file responding or rebuttal evidence.

  • Marginal note:Dismissal of motion

    (5) The Court shall dismiss the motion if

    • (a) the issues raised are not suitable for summary trial; or

    • (b) a summary trial would not assist in the efficient resolution of the action.

  • Marginal note:Judgment generally or on issue

    (6) If the Court is satisfied that there is sufficient evidence for adjudication, regardless of the amounts involved, the complexities of the issues and the existence of conflicting evidence, the Court may grant judgment either generally or on an issue, unless the Court is of the opinion that it would be unjust to decide the issues on the motion.

  • Marginal note:Order disposing of action

    (7) On granting judgment, the Court may make any order necessary for the disposition of the action, including an order

    • (a) directing a trial to determine the amount to which the moving party is entitled or a reference under rule 153 to determine that amount;

    • (b) imposing terms respecting the enforcement of the judgment; and

    • (c) awarding costs.

  • Marginal note:Trial or specially managed proceeding

    (8) If the motion for summary trial is dismissed in whole or in part, the Court may order the action, or the issues in the action not disposed of by summary trial, to proceed to trial or order that the action be conducted as a specially managed proceeding.

  • SOR/2009-331, s. 3.

General

Marginal note:Right of plaintiff who obtains judgment

 A plaintiff who obtains judgment under rule 215 or 216 may proceed against the same defendant for any other relief and may proceed against any other defendant for the same or any other relief.

  • SOR/2009-331, s. 3.
Marginal note:Powers of Court

 If judgment under rule 215 or 216 is refused or is granted only in part, the Court may make an order specifying which material facts are not in dispute and defining the issues to be tried and may also make an order

  • (a) for payment into court of all or part of the claim;

  • (b) for security for costs; or

  • (c) limiting the nature and scope of the examination for discovery to matters not covered by the affidavits filed on the motion for summary judgment or summary trial or by any cross-examination on them and providing for their use at trial in the same manner as an examination for discovery.

  • SOR/2009-331, s. 3.
Marginal note:Stay of execution

 On granting judgment under rule 215 or 216, the Court may order that enforcement of the judgment be stayed pending the determination of any other issue in the action or in a counterclaim or third party claim.

  • SOR/2009-331, s. 3.

Questions of Law

Marginal note:Preliminary determination of question of law or admissibility
  •  (1) A party may bring a motion before trial to request that the Court determine

    • (a) a question of law that may be relevant to an action;

    • (b) a question as to the admissibility of any document, exhibit or other evidence; or

    • (c) questions stated by the parties in the form of a special case before, or in lieu of, the trial of the action.

  • Marginal note:Contents of determination

    (2) Where, on a motion under subsection (1), the Court orders that a question be determined, it shall

    • (a) give directions as to the case on which the question shall be argued;

    • (b) fix time limits for the filing and service of motion records by the parties; and

    • (c) fix a time and place for argument of the question.

  • Marginal note:Determination final

    (3) A determination of a question referred to in subsection (1) is final and conclusive for the purposes of the action, subject to being varied on appeal.

Striking Out Pleadings

Marginal note:Motion to strike
  •  (1) On motion, the Court may, at any time, order that a pleading, or anything contained therein, be struck out, with or without leave to amend, on the ground that it

    • (a) discloses no reasonable cause of action or defence, as the case may be,

    • (b) is immaterial or redundant,

    • (c) is scandalous, frivolous or vexatious,

    • (d) may prejudice or delay the fair trial of the action,

    • (e) constitutes a departure from a previous pleading, or

    • (f) is otherwise an abuse of the process of the Court,

    and may order the action be dismissed or judgment entered accordingly.

  • Marginal note:Evidence

    (2) No evidence shall be heard on a motion for an order under paragraph (1)(a).

Discovery and Inspection

Discovery of Documents

Definition of “document”

  •  (1) In rules 223 to 232 and 295, “document” includes an audio recording, video recording, film, photograph, chart, graph, map, plan, survey, book of account, computer diskette and any other device on which information is recorded or stored.

  • Marginal note:Interpretation

    (2) For the purposes of rules 223 to 232 and 295, a document of a party is relevant if the party intends to rely on it or if the document tends to adversely affect the party's case or to support another party's case.

Marginal note:Time for service of affidavit of documents
  •  (1) Every party shall serve an affidavit of documents on every other party within 30 days after the close of pleadings.

  • Marginal note:Contents

    (2) An affidavit of documents shall be in Form 223 and shall contain

    • (a) separate lists and descriptions of all relevant documents that

      • (i) are in the possession, power or control of the party and for which no privilege is claimed,

      • (ii) are or were in the possession, power or control of the party and for which privilege is claimed,

      • (iii) were but are no longer in the possession, power or control of the party and for which no privilege is claimed, and

      • (iv) the party believes are in the possession, power or control of a person who is not a party to the action;

    • (b) a statement of the grounds for each claim of privilege in respect of a document;

    • (c) a description of how the party lost possession, power or control of any document and its current location, as far as the party can determine;

    • (d) the identity of each person referred to in subparagraph (a)(iv), including the person's name and address, if known;

    • (e) a statement that the party is not aware of any relevant document, other than those that are listed in the affidavit or are or were in the possession, power or control of another party to the action; and

    • (f) an indication of the time and place at which the documents referred to in subparagraph (a)(i) may be inspected.

  • Marginal note:Document within party's power or control

    (3) For the purposes of subsection (2), a document shall be considered to be within a party's power or control if

    • (a) the party is entitled to obtain the original document or a copy of it; and

    • (b) no adverse party is so entitled.

  • Marginal note:Bundle of documents

    (4) A party may treat a bundle of documents as a single document for the purposes of an affidavit of documents if

    • (a) the documents are all of the same nature; and

    • (b) the bundle is described in sufficient detail to enable another party to clearly ascertain its contents.

Marginal note:Deponent of affidavit of documents
  •  (1) The deponent of an affidavit of documents shall be

    • (a) where the party is an individual who is not under a legal disability, the party;

    • (b) where the party is an individual under a legal disability, a person appointed under rule 115;

    • (c) where the party is a corporation or an unincorporated association, an authorized representative of the corporation or association; or

    • (d) where the party is the Crown, an authorized representative of the Crown.

  • Marginal note:Obligations of deponent

    (2) The deponent of an affidavit of documents shall, before making the affidavit, become informed by making reasonable inquiries of any present or former officer, servant, agent or employee of the party, including any who are outside Canada, who might reasonably be expected to have knowledge relating to any matter in question in the action.

  • Marginal note:Obligations of solicitor

    (3) The solicitor of record for a party shall

    • (a) explain to the deponent of an affidavit of documents the necessity of making full disclosure under rule 223 and the possible consequences of failing to do so; and

    • (b) certify on the affidavit of documents or on a document attached to it that those explanations have been given.

Marginal note:Order for disclosure

 On motion, the Court may order a party to disclose in an affidavit of documents all relevant documents that are in the possession, power or control of

  • (a) where the party is an individual, any corporation that is controlled directly or indirectly by the party; or

  • (b) where the party is a corporation,

    • (i) any corporation that is controlled directly or indirectly by the party,

    • (ii) any corporation or individual that directly or indirectly controls the party, or

    • (iii) any corporation that is controlled directly or indirectly by a person who also directly or indirectly controls the party.

Marginal note:Need for continuing disclosure
  •  (1) A party who becomes aware that its affidavit of documents is inaccurate or deficient shall, without delay, serve a supplementary affidavit of documents correcting the inaccuracy or deficiency.

  • Marginal note:Exception

    (2) A document produced and marked as an exhibit on an examination need not be included in a supplementary affidavit of documents.

Marginal note:Sanctions

 On motion, where the Court is satisfied that an affidavit of documents is inaccurate or deficient, the Court may inspect any document that may be relevant and may order that

  • (a) the deponent of the affidavit be cross-examined;

  • (b) an accurate or complete affidavit be served and filed;

  • (c) all or part of the pleadings of the party on behalf of whom the affidavit was made be struck out; or

  • (d) that the party on behalf of whom the affidavit was made pay costs.

Marginal note:Inspection of documents
  •  (1) Subject to rule 230, a party who has served an affidavit of documents on another party shall, during business hours, allow the other party to inspect and, where practicable, to copy any document referred to in the affidavit that is not privileged, if the document is

    • (a) in the possession of the party; or

    • (b) in the power or control of the party and the other party requests that it be made available because the other party cannot otherwise inspect or copy it.

  • Marginal note:Copies of documents

    (2) A party who has served an affidavit of documents on another party shall, at the request of the other party, deliver to the other party a copy of any document referred to in subsection (1), if the other party pays the cost of the copies and of their delivery.

Marginal note:Order for production and inspection

 On motion, the Court may order the production for inspection and copying by a party of any document referred to in subsection 228(1), at a time and place and in a manner set out in the order.

Marginal note:Relief from production

 On motion, the Court may relieve a party from production for inspection of any document, having regard to

  • (a) the issues in the case and the order in which they are likely to be resolved; and

  • (b) whether it would be unduly onerous to require the person to produce the document.

Marginal note:Disclosure or production not admission

 The disclosure of a document or its production for inspection does not constitute an admission of its authenticity or admissibility in the action.

Marginal note:Undisclosed or privileged document
  •  (1) Unless the Court orders otherwise or discovery of documents has been waived by the parties, no document shall be used in evidence unless it has been

    • (a) disclosed on a party's affidavit of documents as a document for which no privilege has been claimed;

    • (b) produced for inspection by a party, or a person examined on behalf of one of the parties, on or subsequent to examinations for discovery; or

    • (c) produced by a witness who is not, in the opinion of the Court, under control of the party.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a document that is used solely as a foundation for, or as a part of a question in, cross-examination or re-examination.

  • SOR/2010-176, s. 3(F).
Marginal note:Production from non-party with leave
  •  (1) On motion, the Court may order the production of any document that is in the possession of a person who is not a party to the action, if the document is relevant and its production could be compelled at trial.

  • Marginal note:Personal service on non-party

    (2) Notice of a motion for an order under subsection (1) shall be personally served on the person who is in possession of the document.

  • Marginal note:Preparation of certified copy

    (3) The Court may, in an order under subsection (1), give directions for the preparation of a certified copy of the document to be used instead of the original.

Examinations for Discovery

Marginal note:Both oral and written examination
  •  (1) A party may conduct an examination for discovery by way of both an oral and a written examination only with leave of the Court or with the consent of the person being examined and all other parties entitled to examine that person.

  • Marginal note:Oral examination by two or more parties

    (2) Where two or more parties are entitled to examine a person, the examination for discovery shall be by way of an oral examination, except with leave of the Court or with the consent of the person being examined and all other parties entitled to examine that person.

Marginal note:Single examination

 Except with leave of the Court, a party may examine for discovery any adverse party only once.

Marginal note:When examination may be initiated
  •  (1) Subject to subsection (2), a party may examine an adverse party for discovery only if

    • (a) the pleadings are closed and the examining party has served its affidavit of documents;

    • (b) the pleadings are closed and the adverse party consents to the examination being conducted before the examining party has served its affidavit of documents; or

    • (c) the adverse party is in default of serving and filing its pleadings and leave of the Court has been obtained.

  • Marginal note:Examination by defendant

    (2) Subject to subsection (3), a defendant may examine a plaintiff at any time after the statement of claim is filed.

  • Marginal note:Multiple defendants

    (3) Where two or more defendants are represented by the same solicitor, none of them may examine the plaintiff before filing a defence unless all of them examine the plaintiff at the same time.

Marginal note:Representative selected
  •  (1) A corporation, partnership or unincorporated association that is to be examined for discovery shall select a representative to be examined on its behalf.

  • Marginal note:Examination of Crown

    (2) Where the Crown is to be examined for discovery, the Attorney General of Canada shall select a representative to be examined on its behalf.

  • Marginal note:Order for substitution

    (3) The Court may, on the motion of a party entitled to examine a person selected under subsection (1) or (2), order that some other person be examined.

  • Marginal note:Examination of assignee

    (4) Where an assignee is a party to an action, the assignor may also be examined for discovery.

  • Marginal note:Examination of trustee in bankruptcy

    (5) Where a trustee in bankruptcy is a party to an action, the bankrupt may also be examined for discovery.

  • Marginal note:Examination of party under legal disability

    (6) If a party intends to examine for discovery a person who is appointed under paragraph 115(1)(b) to represent a person under a legal disability, the party may, with leave of the Court, also examine the person under a legal disability.

  • Marginal note:Examination of nominal party

    (7) Where a party intends to examine for discovery a person bringing or defending an action on behalf of another person who is not a party, with leave of the Court, the party may also examine that other person.

  • SOR/2013-18, s. 5.
Marginal note:Examination of non-parties with leave
  •  (1) A party to an action may bring a motion for leave to examine for discovery any person not a party to the action, other than an expert witness for a party, who might have information on an issue in the action.

  • Marginal note:Personal service on non-party

    (2) On a motion under subsection (1), the notice of motion shall be served on the other parties and personally served on the person to be examined.

  • Marginal note:Where Court may grant leave

    (3) The Court may, on a motion under subsection (1), grant leave to examine a person and determine the time and manner of conducting the examination, if it is satisfied that

    • (a) the person may have information on an issue in the action;

    • (b) the party has been unable to obtain the information informally from the person or from another source by any other reasonable means;

    • (c) it would be unfair not to allow the party an opportunity to question the person before trial; and

    • (d) the questioning will not cause undue delay, inconvenience or expense to the person or to the other parties.

Marginal note:Expenses of person examined
  •  (1) Unless the Court orders otherwise, a party who is granted leave to examine a person under rule 238 shall pay to the person

    • (a) at least 10 days before the day of the examination, an amount sufficient to cover reasonable travel expenses; and

    • (b) within 10 days after the examination, an amount sufficient to cover any reasonable travel expenses in excess of the initial payment.

  • Marginal note:Assistance of solicitor

    (2) A person being examined under rule 238 is entitled to be assisted by a solicitor.

  • Marginal note:Costs of solicitor

    (3) On motion, the Court may, in special circumstances, order that the costs of a solicitor assisting a person to be examined under rule 238 be included in the amounts paid under subsection (1).

  • Marginal note:Questioning by other parties

    (4) A person being examined under rule 238 may also be questioned by any other party.

  • Marginal note:Cross-examination or hearsay

    (5) A person being examined under rule 238 shall not be cross-examined and shall not be required to give hearsay evidence.

  • Marginal note:Use as evidence at trial

    (6) The testimony of a person who was examined under rule 238 shall not be used as evidence at trial but, if the person is a witness at trial, it may be used in cross-examination in the same manner as any written statement of a witness.

Marginal note:Scope of examination

 A person being examined for discovery shall answer, to the best of the person's knowledge, information and belief, any question that

  • (a) is relevant to any unadmitted allegation of fact in a pleading filed by the party being examined or by the examining party; or

  • (b) concerns the name or address of any person, other than an expert witness, who might reasonably be expected to have knowledge relating to a matter in question in the action.

Marginal note:Obligation to inform self

 Subject to paragraph 242(1)(d), a person who is to be examined for discovery, other than a person examined under rule 238, shall, before the examination, become informed by making inquiries of any present or former officer, servant, agent or employee of the party, including any who are outside Canada, who might be expected to have knowledge relating to any matter in question in the action.

Marginal note:Objections permitted
  •  (1) A person may object to a question asked in an examination for discovery on the ground that

    • (a) the answer is privileged;

    • (b) the question is not relevant to any unadmitted allegation of fact in a pleading filed by the party being examined or by the examining party;

    • (c) the question is unreasonable or unnecessary; or

    • (d) it would be unduly onerous to require the person to make the inquiries referred to in rule 241.

  • Marginal note:Objections not permitted

    (2) A person other than a person examined under rule 238 may not object to a question asked in an examination for discovery on the ground that

    • (a) the answer would be evidence or hearsay;

    • (b) the question constitutes cross-examination.

Marginal note:Limit on examination

 On motion, the Court may limit an examination for discovery that it considers to be oppressive, vexatious or unnecessary.

Marginal note:Examined party to be better informed
  •  (1) Where a person being examined for discovery, other than a person examined under rule 238, is unable to answer a question, the examining party may require the person to become better informed and may conclude the examination, subject to obtaining answers to any remaining questions.

  • Marginal note:Further answers

    (2) A person being examined who is required to become better informed shall provide the information sought by the examining party by submitting to a continuation of the oral examination for discovery in respect of the information or, where the parties agree, by providing the information in writing.

  • Marginal note:Information deemed part of examination

    (3) Information provided under subsection (2) is deemed to be part of the examination for discovery.

Marginal note:Inaccurate or deficient answer
  •  (1) A person who was examined for discovery and who discovers that the answer to a question in the examination is no longer correct or complete shall, without delay, provide the examining party with the corrected or completed information in writing.

  • Marginal note:Further examination

    (2) An examining party may require a person providing information under subsection (1) to continue the examination for discovery in respect of that information.

  • Marginal note:Corrections deemed part of examination

    (3) Information provided under subsection (1) is deemed to be part of the examination for discovery.

Marginal note:Answer by solicitor
  •  (1) The solicitor of a person being examined for discovery orally may answer a question on behalf of the person during the examination, unless the examining party objects.

  • Marginal note:Deemed answer of person examined

    (2) An answer given by a solicitor under subsection (1) is deemed to be the answer of the person being examined for discovery.

Marginal note:Divided discovery

 Where

  • (a) an order was made under rule 153 that an issue of fact be the subject of a reference after trial, or

  • (b) an order was made under rule 107 that an issue in the action be determined separately,

any subsequent examination for discovery or inspection of documents shall not extend to that issue, unless otherwise ordered by the Court.

Marginal note:Undisclosed information inadmissible at trial

 Where a party examined for discovery, or a person examined for discovery on behalf of a party, has refused, on the ground of privilege or for any other reason, to answer a proper question and has not subsequently answered the question, the party may not introduce the information sought by the question at trial without leave of the Court.

Inspection of Property

Marginal note:Order for inspection
  •  (1) On motion, where the Court is satisfied that it is necessary or expedient for the purpose of obtaining information or evidence in full, the Court may order, in respect of any property that is the subject-matter of an action or as to which a question may arise therein, that

    • (a) a sample be taken of the property;

    • (b) an inspection be made of the property; or

    • (c) an experiment be tried on or with the property.

  • Marginal note:Entry on land or building

    (2) An order made under subsection (1) may authorize a person to enter any land or building where the property is located for the purpose of enabling the order to be carried out.

  • Marginal note:Personal service on non-party

    (3) Where a motion is brought under subsection (1) for an order in respect of property that is in the possession of a person who is not a party to the action, that person shall be personally served with notice of the motion.

Medical Examination of Parties

Marginal note:Order for medical examination
  •  (1) In an action for damages for personal injuries, the Court may, on motion, order the injured person to submit to a medical examination at a place and by a medical practitioner appointed by the Court.

  • Marginal note:Who may attend examination

    (2) A person who is required to undergo a medical examination under this rule is entitled to have a solicitor, medical advisor or person appointed under rule 115, or all of them, present at the examination, but no other person, other than the person being examined and the medical practitioner authorized to conduct the examination, shall be present during the examination, except with leave of the Court or with the consent of the parties.

  • Marginal note:Scope of examination

    (3) A medical practitioner who is examining a person under this rule may, in connection with that examination, ask the person any question that may be relevant to the purpose of the examination, and any statement made by the person during such an examination is admissible in evidence.

  • Marginal note:Sanctions for plaintiff's failure to comply

    (4) If a plaintiff fails, without reasonable excuse, to comply with an order under subsection (1) or to answer any questions referred to in subsection (3), the Court may dismiss the action.

Marginal note:Further medical examination

 On motion, the Court may order further medical examinations in accordance with rule 250, on such terms as it considers just.

Marginal note:Medical report
  •  (1) After conducting a medical examination under rule 250, the medical practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and forthwith provide the report to the party who obtained the order.

  • Marginal note:Service of medical report

    (2) A party who obtains an order under rule 250 shall forthwith serve the report obtained pursuant to it on every other party.

  • Marginal note:Report confidential

    (3) Every person who receives a medical report under this rule shall treat it as confidential and use it only for the purposes of the action.

Marginal note:Medical practitioner as witness

 Unless the Court orders otherwise, a medical practitioner who has made an examination under an order made under subsection 250(1) may, subject to rule 279, be called as a witness at trial.

Marginal note:Costs of medical examination

 The Court may order that a party seeking an order under subsection 250(1) or rule 251 pay to the person to be examined or to a representative of the person appointed under rule 115 all necessary expenses of attending the examination.

Admissions

Marginal note:Request to admit fact or document

 A party may, after pleadings have been closed, request that another party admit a fact or the authenticity of a document by serving a request to admit, in Form 255, on that party.

Marginal note:Effect of request to admit

 A party who is served with a request to admit is deemed to admit a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in Form 256 within 20 days after its service and denies the admission, setting out the grounds for the denial.

Pre-Trial

Settlement Discussions

Marginal note:Settlement discussions

 Within 60 days after the close of pleadings, the solicitors for the parties shall discuss the possibility of settling any or all of the issues in the action and of bringing a motion to refer any unsettled issues to a dispute resolution conference.

Pre-trial Conferences

Marginal note:Requisition for pre-trial conference
  •  (1) After the close of pleadings, a party who is not in default under these Rules or under an order of the Court and who is ready for trial may serve and file a requisition for a pre-trial conference, accompanied by a pre-trial conference memorandum.

  • Marginal note:Contents of requisition

    (2) A requisition for a pre-trial conference shall be in Form 258 and include a certification by the solicitor of record that

    • (a) all examinations for discovery that the party intends to conduct have been completed; and

    • (b) settlement discussions have taken place in accordance with rule 257.

  • Marginal note:Contents of pre-trial conference memorandum

    (3) A pre-trial conference memorandum shall contain

    • (a) a concise statement of the nature of the proceeding;

    • (b) any admissions of the party;

    • (c) the factual and legal contentions of the party; and

    • (d) a statement of the issues to be determined at trial.

  • Marginal note:Documents

    (4) A pre-trial conference memorandum shall be accompanied by a copy of all documents that are intended to be used at trial that may be of assistance at the pre-trial conference, including all affidavits or statements of expert witnesses.

  • (5) [Repealed, SOR/2010-176, s. 4]

  • SOR/2006-219, s. 2;
  • SOR/2010-176, s. 4.
Marginal note:Time and place for pre-trial conference

 On the filing of a requisition for a pre-trial conference, the Court shall fix a time, not more than 60 days thereafter, and place for the pre-trial conference.

Marginal note:Participation at pre-trial conference

 Unless the Court directs otherwise, the solicitors of record for the parties and the parties or their authorized representatives shall participate in a pre-trial conference.

Marginal note:Notice of pre-trial conference

 The Administrator shall serve a notice of pre-trial conference, in Form 261, on the parties at least 30 days before the date fixed for the conference.

Marginal note:Pre-trial conference memoranda
  •  (1) Every party, other than the party who filed the requisition for a pre-trial conference, shall serve and file a pre-trial conference memorandum within 30 days after being served with the requisition.

  • Marginal note:Objection to expert

    (2) The pre-trial conference memorandum shall include any known objection to the requisitioning party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection.

  • SOR/2006-219, s. 3;
  • SOR/2010-176, s. 5.
Marginal note:Scope of pre-trial conference

 Participants at a pre-trial conference must be prepared to address

  • (a) the possibility of settlement of any or all of the issues in the action and of referring any unsettled issues to a dispute resolution conference;

  • (b) simplification of the issues in the action;

  • (c) any issues arising from any affidavits or statements of expert witnesses, including

    • (i) any objection to an opposing party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection,

    • (ii) any benefit to the litigation in ordering the experts to confer with one another in advance of trial in order to narrow the issues and identify the points on which their views differ, and

    • (iii) the need for any additional or rebuttal expert witness evidence;

  • (d) the possibility of obtaining admissions that may facilitate the trial;

  • (e) the issue of liability;

  • (f) the amount of damages, where damages are claimed;

  • (g) the estimated duration of the trial;

  • (h) the advisability of having the Court appoint an assessor;

  • (i) the advisability of a reference;

  • (j) suitable dates for a trial;

  • (k) the necessity for interpreters or simultaneous interpretation at the trial;

  • (l) whether a notice of a constitutional question needs to be served under section 57 of the Act;

  • (m) the content of the trial record; and

  • (n) any other matter that may promote the timely and just disposition of the action.

  • SOR/2002-417, s. 15;
  • SOR/2006-219, s. 4;
  • SOR/2010-176, s. 6.
Marginal note:Assignment of trial date

 A judge or prothonotary who conducts a pre-trial conference shall fix the place of trial and assign a date for trial at the earliest practicable date after the pre-trial conference.

Marginal note:Order
  •  (1) At a pre-trial conference,

    • (a) a judge may make any order respecting the conduct of the action; and

    • (b) a prothonotary may make any order respecting the conduct of the action other than an order under a motion referred to in any of paragraphs 50(1)(a) to (i).

  • Marginal note:Service of expert’s affidavit or statement

    (2) If applicable, the order shall set out the time for service of any additional or rebuttal affidavits or statements of expert witnesses.

  • SOR/2006-219, s. 5.
Marginal note:Pre-trial judge not to preside at trial

 A judge or prothonotary who conducts a pre-trial conference in an action shall not preside at the trial of the action unless all parties consent.

Marginal note:No disclosure to the Court

 No communication shall be made to a judge or prothonotary presiding at a trial or hearing, or on a motion or reference in an action, with respect to any statement made at a pre-trial conference, except as may be permitted in an order made at the conclusion of the pre-trial conference or as consented to by the parties.

Trial Record

Marginal note:Trial record

 The plaintiff, or any other party so directed by the Court at a pre-trial conference, shall serve and file a trial record not later than 40 days before the date fixed for trial.

Marginal note:Content of trial record

 A trial record shall contain the pleadings, any particulars, all orders and directions respecting the trial and any other filed document that is necessary for the conduct of the trial.

Trial Management Conference

Marginal note:Scope of trial management conference

 Notwithstanding rule 266, a judge or prothonotary before whom an action has been set down for trial may, without being disqualified from presiding at the trial, hold a conference, either before or during the trial, to consider any matter that may assist in the just and timely disposition of the action.

Taking of Trial Evidence out of Court

Marginal note:Evidence taken out of court
  •  (1) On motion, the Court may order the examination for trial of a person out of court.

  • Marginal note:Considerations

    (2) In making an order under subsection (1), the Court may consider

    • (a) the expected absence of the person at the time of trial;

    • (b) the age or any infirmity of the person;

    • (c) the distance the person resides from the place of trial; and

    • (d) the expense of having the person attend at trial.

  • Marginal note:Directions regarding taking evidence before trial

    (3) In an order under subsection (1), or on the subsequent motion of a party, the Court may give directions regarding the time, place, manner and costs of the examination, notice to be given to the person being examined and to other parties, the attendance of witnesses and the production of requested documents or material.

  • Marginal note:Further examination

    (4) On motion, the Court may order the further examination, before the Court or before a person designated by the Court, of any witness examined under subsection (1), and if such an examination is not conducted, the Court may refuse to admit the evidence of that witness.

Marginal note:Commission for examination outside Canada
  •  (1) Where an examination under rule 271 is to be made outside Canada, the Court may order the issuance of a commission under the seal of the Court, letters rogatory, a letter of request or any other document necessary for the examination in Form 272A, 272B or 272C, as the case may be.

  • Marginal note:Examination outside Canada

    (2) A person authorized under subsection (1) to take the examination of a witness in a jurisdiction outside Canada shall, unless the parties agree otherwise or the Court orders otherwise, take the examination in a manner that is binding on the witness under the law of that jurisdiction.

Marginal note:Use of evidence at trial

 Unless the Court orders otherwise, evidence obtained on an examination under subsection 271(1) or (4) may, without further proof, be used in evidence by any party.

Trial Procedure

General

Marginal note:Order of presentation
  •  (1) Subject to subsection (2), at the trial of an action, unless the Court directs otherwise,

    • (a) the plaintiff shall make an opening address and then adduce evidence;

    • (b) when the plaintiff's evidence is concluded, the defendant shall make an opening address and then adduce evidence; and

    • (c) when the defendant's evidence is concluded, the plaintiff may adduce reply evidence.

  • Marginal note:Multiple parties

    (2) Where the Court has made an order permitting two or more plaintiffs to put in separate cases, or where more than one defendant is separately represented, the order of presentation shall be as directed by the Court.

Marginal note:Directions re proof or evidence

 The Court may give directions at trial concerning the method of proving a fact or of adducing evidence.

Marginal note:Exhibits

 All exhibits adduced in evidence shall be marked and numbered.

Marginal note:Inspection by Court

 The Court may, in the presence of solicitors for the parties, inspect any place or thing in respect of which a question may arise at trial.

Marginal note:Order of argument
  •  (1) Unless the Court directs otherwise, the parties shall be heard in argument, after all parties have been given full opportunity to put in their respective cases, in the order in which they adduced evidence.

  • Marginal note:Right of reply

    (2) A party shall have a right of reply to the arguments of adverse parties and, if the party raises a new point of law, an adverse party may answer on that point.

Expert Witnesses

Marginal note:Admissibility of expert’s evidence

 Unless the Court orders otherwise, no expert witness’s evidence is admissible at the trial of an action in respect of any issue unless

  • (a) the issue has been defined by the pleadings or in an order made under rule 265;

  • (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served in accordance with subsection 258(1), rule 262 or an order made under rule 265; and

  • (c) the expert witness is available at the trial for cross-examination.

  • SOR/2006-219, s. 6;
  • SOR/2010-176, s. 7.
Marginal note:Tendering of expert’s evidence at trial
  •  (1) Unless the Court orders otherwise, evidence in chief of an expert witness may be tendered at trial by

    • (a) the witness reading into evidence all or part of an affidavit or statement referred to in paragraph 279(b); and

    • (b) the witness explaining any of the content of an affidavit or statement that has been read into evidence.

  • Marginal note:Other evidence with leave

    (1.1) Despite subsection (1), an expert witness may tender other evidence in chief with leave of the Court.

  • Marginal note:Affidavit taken as read

    (2) With leave of the Court, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness.

  • Marginal note:Prohibition on pre-trial cross-examination

    (3) Except with leave of the Court, there shall be no cross-examination before trial on an affidavit or statement referred to in paragraph 279(b).

  • SOR/2006-219, s. 7;
  • SOR/2010-176, s. 8;
  • SOR/2013-18, s. 6.

 [Repealed, SOR/2006-219, s. 8]

Evidence at Trial

Marginal note:Examination of witnesses
  •  (1) Unless the Court orders otherwise, witnesses at trial shall be examined orally and in open court.

  • Marginal note:Witnesses to testify under oath

    (2) All witnesses shall testify under oath.

Marginal note:Expert witness panel

 The Court may require that some or all of the expert witnesses testify as a panel after the completion of the testimony of the non-expert witnesses of each party or at any other time that the Court may determine.

  • SOR/2010-176, s. 9.
Marginal note:Testimony of panel members
  •  (1) Expert witnesses shall give their views and may be directed to comment on the views of other panel members and to make concluding statements. With leave of the Court, they may pose questions to other panel members.

  • Marginal note:Examination of panel members

    (2) On completion of the testimony of the panel, the panel members may be cross-examined and re-examined in the sequence directed by Court.

  • SOR/2010-176, s. 9.
Marginal note:Interpreter

 Rule 93 applies, with such modifications as are necessary, to the use of an interpreter at trial.

Marginal note:Failure to appear
  •  (1) Where on the day of a trial, a party who intends to call witnesses does not produce them or justify their absence, the Court may declare the party's proof closed.

  • Marginal note:Adjournment

    (2) Subject to subsection (3), where a party demonstrates due diligence and the Court is satisfied that an absent witness is necessary and that the absence of the witness is not due to any contrivance on the party's part, the Court may adjourn the hearing.

  • Marginal note:Avoidance of adjournment

    (3) An adverse party may require a party seeking an adjournment under subsection (2) to declare, or to produce some other person to declare, under oath the facts that, in the opinion of the party seeking the adjournment, the defaulting witness would have stated, and may avoid the adjournment by admitting the truth of those facts or that the witness would have stated those facts.

Marginal note:Proof by affidavit

 The Court may, at any time, order that any fact be proven by affidavit or that the affidavit of a witness be read at trial.

Marginal note:Order re giving evidence

 The Court may, before trial, order that evidence of any fact be given at the trial in such a manner as may be specified in the order, including

  • (a) by statement on oath of information or belief;

  • (b) by the production of documents or other material;

  • (c) by the production of copies of documents; or

  • (d) in the case of a fact that is or was a matter of common knowledge either generally or in a particular district, by the production of a specified publication containing a statement of that fact.

Demonstrative Evidence

Marginal note:Admissibility

 Except with leave of the Court, no plan, photograph, model or other demonstrative evidence prepared or obtained for use at trial is admissible in evidence at trial, other than in the course of cross-examination, unless at least 30 days before the commencement of the trial all other parties have been given an opportunity to inspect it and consent to its admission without further proof.

Use of Examination for Discovery at Trial

Marginal note:Reading in examination at trial

 A party may introduce as its own evidence at trial any part of its examination for discovery of an adverse party or of a person examined on behalf of an adverse party, whether or not the adverse party or person has already testified.

Marginal note:Qualifying answers

 The Court may order a party who uses part of an examination for discovery as its own evidence to introduce into evidence any other part of the examination for discovery that the Court considers is so related that it ought not to be omitted.

Marginal note:Unavailability of deponent

 The Court may permit a party to use all or part of an examination for discovery of a person, other than a person examined under rule 238, as evidence at trial if

  • (a) the person is unable to testify at the trial because of his or her illness, infirmity or death or because the person cannot be compelled to attend; and

  • (b) his or her evidence cannot be obtained on commission.

Marginal note:Use of examination to impeach credibility at trial

 A party may use any part of its examination for discovery of a person as evidence to impeach the credibility of that person as a witness at trial only if the party first puts to the person the questions asked in that part of the examination.

Simplified Action

Marginal note:Where mandatory

 Unless the Court orders otherwise, rules 294 to 299 apply to any action in which

  • (a) each claim is exclusively for monetary relief in an amount not exceeding $50,000, exclusive of interest and costs;

  • (b) in respect of an action in rem claiming monetary relief, no amount claimed, exclusive of interest and costs, exceeds $50,000;

  • (c) the parties agree that the action is to be conducted as a simplified action; or

  • (d) on motion, the Court orders that the action be conducted as a simplified action.

Marginal note:Cost consequences of improper avoidance of procedure

 The Court may award costs against any party, including a party who is successful in an action, who it finds has exaggerated a claim, including a counterclaim or third party claim, merely to avoid the operation of rules 292 and 294 to 299.

Marginal note:Style of cause

 Every pleading in a simplified action shall be prefaced by the heading "Simplified Action".

Marginal note:List of documents

 A party to a simplified action may serve, in lieu of an affidavit of documents, a complete list of all the documents in the party's possession, power or control that are relevant to a matter in issue in the action.

Marginal note:Limited examination for discovery

 An examination for discovery in a simplified action shall be in writing only, and shall not exceed 50 questions.

Marginal note:Motion for summary judgment or summary trial

 No motion for summary judgment or summary trial may be brought in a simplified action.

  • SOR/2009-331, s. 4.
Marginal note:Motions prior to pre-trial conference
  •  (1) Subject to subsections (2) and (3), a motion in a simplified action shall be returnable only at a pre-trial conference conducted in accordance with rules 258 to 267.

  • Marginal note:Exception

    (2) A motion may be brought, within the time set out in rule 204 for the service and filing of a statement of defence,

    • (a) to object to the jurisdiction of the Court; or

    • (b) to strike a statement of claim, on the ground that it discloses no reasonable cause of action.

  • Marginal note:Exception

    (3) A motion may be brought at any time

    • (a) to remove an action from the operation of rules 294 to 299;

    • (b) for the release of arrested property in an action in rem; or

    • (c) for a default judgment.

  • SOR/2002-417, s. 16.
Marginal note:Evidence adduced by affidavit
  •  (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to subsections (1.1) and (1.2), be served and filed

    • (a) in the case of evidence of a plaintiff, at least 20 days before the trial; and

    • (b) in the case of evidence of a defendant, at least 10 days before the trial.

  • Marginal note:Admissibility of expert’s evidence

    (1.1) Unless the Court orders otherwise, no evidence in chief of an expert witness is admissible at the trial of an action in respect of any issue unless

    • (a) the issue has been defined by the pleadings or in an order made under rule 265;

    • (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 60 days before the commencement of the trial; and

    • (c) the expert witness is available at the trial for cross-examination.

  • Marginal note:Admissibility of rebuttal evidence

    (1.2) Except with leave of the Court, no expert witness’s evidence to rebut evidence in an affidavit or statement served under paragraph (1.1)(b) is admissible unless an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 30 days before the commencement of the trial.

  • Marginal note:Witness to be made available

    (2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial.

  • Marginal note:Reply evidence

    (3) Reply evidence, including that of an expert witness, may be provided orally at trial.

  • SOR/2006-219, s. 9;
  • SOR/2010-176, s. 10.

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

 [Repealed, SOR/2007-301, s. 6]

PART 5APPLICATIONS

Application of this Part

Marginal note:Application

 This Part applies to

  • (a) applications for judicial review of administrative action, including applications under section 18.1 or 28 of the Act, unless the Court directs under subsection 18.4(2) of the Act that the application be treated and proceeded with as an action;

  • (b) proceedings required or permitted by or under an Act of Parliament to be brought by application, motion, originating notice of motion, originating summons or petition or to be determined in a summary way, other than applications under subsection 33(1) of the Marine Liability Act;

  • (c) appeals under subsection 14(5) of the Citizenship Act;

  • (d) appeals under section 56 of the Trade-marks Act;

  • (e) references from a tribunal under rule 320;

  • (f) requests under the Commercial Arbitration Code brought pursuant to subsection 324(1);

  • (g) proceedings transferred to the Court under subsection 3(3) or 5(3) of the Divorce Act; and

  • (h) applications for registration, recognition or enforcement of a foreign judgment brought under rules 327 to 334.

  • SOR/2002-417, s. 18(E);
  • SOR/2004-283, s. 37.

General

Marginal note:Contents of application

 An application shall be commenced by a notice of application in Form 301, setting out

  • (a) the name of the court to which the application is addressed;

  • (b) the names of the applicant and respondent;

  • (c) where the application is an application for judicial review,

    • (i) the tribunal in respect of which the application is made, and

    • (ii) the date and details of any order in respect of which judicial review is sought and the date on which it was first communicated to the applicant;

  • (d) a precise statement of the relief sought;

  • (e) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

  • (f) a list of the documentary evidence to be used at the hearing of the application.

  • SOR/2004-283, s. 36.
Marginal note:Limited to single order

 Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.

Marginal note:Respondents
  •  (1) Subject to subsection (2), an applicant shall name as a respondent every person

    • (a) directly affected by the order sought in the application, other than a tribunal in respect of which the application is brought; or

    • (b) required to be named as a party under an Act of Parliament pursuant to which the application is brought.

  • Marginal note:Application for judicial review

    (2) Where in an application for judicial review there are no persons that can be named under subsection (1), the applicant shall name the Attorney General of Canada as a respondent.

  • Marginal note:Substitution for Attorney General

    (3) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent after having been named under subsection (2), the Court may substitute another person or body, including the tribunal in respect of which the application is made, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of application
  •  (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on

    • (a) all respondents;

    • (b) in respect of an application for judicial review or an application appealing the order of a tribunal,

      • (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought,

      • (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and

      • (iii) the Attorney General of Canada;

    • (c) where the application is made under the Access to Information Act, Part 1 of the Personal Information Protection and Electronic Documents Act, the Privacy Act or the Official Languages Act, the Commissioner named for the purposes of that Act; and

    • (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought.

  • Marginal note:Motion for directions as to service

    (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court.

  • Marginal note:Proof of service

    (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application.

  • SOR/2004-283, s. 16.
Marginal note:Notice of appearance

 A respondent who intends to appear in respect of an application shall, within 10 days after being served with a notice of application, serve and file a notice of appearance in Form 305.

  • SOR/2013-18, s. 7.
Marginal note:Applicant’s affidavits

 Within 30 days after issuance of a notice of application, an applicant shall serve its supporting affidavits and documentary exhibits and file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.

  • SOR/2007-301, s. 12(F);
  • SOR/2010-177, s. 3.
Marginal note:Respondent’s affidavits

 Within 30 days after service of the applicant’s affidavits, a respondent shall serve its supporting affidavits and documentary exhibits and shall file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.

  • SOR/2007-301, s. 12(F);
  • SOR/2010-177, s. 3.
Marginal note:Cross-examinations

 Cross-examination on affidavits must be completed by all parties within 20 days after the filing of the respondent's affidavits or the expiration of the time for doing so, whichever is earlier.

Marginal note:Applicant's record
  •  (1) An applicant shall, within 20 days after completion of all parties' cross-examinations or the expiration of the time for doing so, whichever is earlier,

    • (a) serve the applicant's record; and

    • (b) file

      • (i) where the application is brought in the Federal Court, three copies of the applicant's record, and

      • (ii) where the application is brought in the Federal Court of Appeal, five copies of the applicant's record.

  • Marginal note:Contents of applicant's record

    (2) An applicant's record shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) the notice of application;

    • (c) any order in respect of which the application is made and any reasons, including dissenting reasons, given in respect of that order;

    • (d) each supporting affidavit and documentary exhibit;

    • (e) the transcript of any cross-examination on affidavits that the applicant has conducted;

    • (e.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the applicant at the hearing;

    • (f) the portions of any transcript of oral evidence before a tribunal that are to be used by the applicant at the hearing;

    • (g) a description of any physical exhibits to be used by the applicant at the hearing; and

    • (h) the applicant's memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of an applicant’s record, it shall be retained by the applicant for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33;
  • SOR/2006-219, s. 10;
  • SOR/2010-177, s. 4;
  • SOR/2013-18, s. 8.
Marginal note:Respondent's record
  •  (1) A respondent to an application shall, within 20 days after service of the applicant's record,

    • (a) serve the respondent's record; and

    • (b) file

      • (i) where the application is brought in the Federal Court, three copies of the respondent's record, and

      • (ii) where the application is brought in the Federal Court of Appeal, five copies of the respondent's record.

  • Marginal note:Contents of respondent's record

    (2) The record of a respondent shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) each supporting affidavit and documentary exhibit;

    • (c) the transcript of any cross-examination on affidavits that the respondent has conducted;

    • (c.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record;

    • (d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing;

    • (e) a description of any physical exhibits to be used by the respondent at the hearing; and

    • (f) the respondent's memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of a respondent’s record, it shall be retained by the respondent for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33;
  • SOR/2010-177, s. 5;
  • SOR/2013-18, s. 9.
Marginal note:Preparation by Registry
  •  (1) On motion, the Court may order the Administrator to prepare a record on a party's behalf.

  • Marginal note:Documents to be provided

    (2) A party bringing a motion for an order under subsection (1) shall provide the Administrator with the documents referred to in subsection 309(2) or 310(2), as the case may be.

Marginal note:Additional steps

 With leave of the Court, a party may

  • (a) file affidavits additional to those provided for in rules 306 and 307;

  • (b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or

  • (c) file a supplementary record.

Marginal note:Requirement to file additional material

 Where the Court considers that the application records of the parties are incomplete, the Court may order that other material, including any portion of a transcript, be filed.

Marginal note:Requisition for hearing
  •  (1) An applicant shall, within 10 days after service of the respondent's record or the expiration of the time for doing so, whichever is earlier, serve and file a requisition, in Form 314, requesting that a date be set for the hearing of the application.

  • Marginal note:Contents of requisition

    (2) A requisition referred to in subsection (1) shall

    • (a) include a statement that the requirements of subsection 309(1) have been satisfied and that any notice required under section 57 of the Act has been given;

    • (b) set out the place at which the hearing should be held;

    • (c) set out the maximum number of hours or days required for the hearing;

    • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

    • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the application or, where a party is not represented by a solicitor, the person's name, address, telephone number and any fax number; and

    • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French.

Marginal note:Pre-hearing conference

 The Court may order that a conference be held in accordance with rules 258 to 267, with such modifications as are necessary.

Marginal note:Testimony regarding issue of fact

 On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised in an application.

Exceptions to General Procedure

Marginal note:Ex parte proceedings

 Despite rules 304, 306, 309 and 314, for a proceeding referred to in paragraph 300(b) that is brought ex parte,

  • (a) the notice of application, the applicant’s record, affidavits and documentary exhibits and the requisition for hearing are not required to be served; and

  • (b) the applicant’s record and the requisition for hearing must be filed at the time the notice of application is filed.

  • SOR/2013-18, s. 10.
Marginal note:Summary application under Income Tax Act
  •  (1) Except for rule 359, the procedures set out in Part 7 apply, with any modifications that are required, to a summary application brought under section 231.7 of the Income Tax Act.

  • Marginal note:Commencing the application

    (2) The application shall be commenced by a notice of summary application in Form 316.2.

  • SOR/2013-18, s. 10.

Material in the Possession of a Tribunal

Marginal note:Material from tribunal
  •  (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested.

  • Marginal note:Request in notice of application

    (2) An applicant may include a request under subsection (1) in its notice of application.

  • Marginal note:Service of request

    (3) If an applicant does not include a request under subsection (1) in its notice of application, the applicant shall serve the request on the other parties.

  • SOR/2002-417, s. 19;
  • SOR/2006-219, s. 11(F).
Marginal note:Material to be transmitted
  •  (1) Within 20 days after service of a request under rule 317, the tribunal shall transmit

    • (a) a certified copy of the requested material to the Registry and to the party making the request; or

    • (b) where the material cannot be reproduced, the original material to the Registry.

  • Marginal note:Objection by tribunal

    (2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection.

  • Marginal note:Directions as to procedure

    (3) The Court may give directions to the parties and to a tribunal as to the procedure for making submissions with respect to an objection under subsection (2).

  • Marginal note:Order

    (4) The Court may, after hearing submissions with respect to an objection under subsection (2), order that a certified copy, or the original, of all or part of the material requested be forwarded to the Registry.

Marginal note:Return of material

 Unless the Court directs otherwise, after an application has been heard, the Administrator shall return to a tribunal any original material received from it under rule 318.

References from a Tribunal

Definition of “reference”

  •  (1) In rules 321 to 323, “reference” means a reference to the Court made by a tribunal or by the Attorney General of Canada under section 18.3 of the Act.

  • Marginal note:Procedures on applications apply

    (2) Subject to rules 321 to 323, rules 309 to 311 apply to references.

Marginal note:Notice of application on reference

 A notice of application in respect of a reference shall set out

  • (a) the name of the court to which the application is addressed;

  • (b) the name of the applicant; and

  • (c) the question being referred.

  • SOR/2004-283, s. 36.
Marginal note:Directions on reference

 Where the Attorney General of Canada or a tribunal makes a reference, the Attorney General or tribunal shall bring an ex parte motion for directions as to

  • (a) which persons shall be given notice of the reference;

  • (b) the material that will constitute the case to be determined on the reference;

  • (c) the preparation, filing and service of copies of the material;

  • (d) the preparation, filing and service of memoranda of fact and law;

  • (e) the procedure for the hearing of the reference;

  • (f) the time and place for the hearing of the reference; and

  • (g) the role, if any, of the tribunal in question.

Marginal note:Notice of intention to become party

 Any of the following persons may become a party to a reference by serving and filing a notice of intention to participate in Form 323:

  • (a) the Attorney General of Canada;

  • (b) the attorney general of a province, for the purpose of adducing evidence or making submissions to the Court under subsection 57(4) of the Act; and

  • (c) a person who participated in the proceeding before the tribunal in respect of which the reference is made.

Commercial Arbitrations

Marginal note:Notice of application
  •  (1) Subject to subsection (2), a request under the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act, shall be brought by a notice of application.

  • Marginal note:Exception

    (2) Where the subject matter of an arbitration to which a request under the Code relates is already the subject matter of a proceeding before the Court, the request may be brought as a motion in that proceeding.

  • Marginal note:Affidavit

    (3) An affidavit in support of a notice of application under subsection (1) or a motion under subsection (2) shall be accompanied by a copy of the parties' arbitration agreement and state

    • (a) all material facts;

    • (b) unless the request is brought pursuant to article 8(1) or 9 of the Code, that the arbitration to which the request relates is governed by Canadian law or has been, is being or will be held within the jurisdiction of the Court; and

    • (c) where the request is brought pursuant to article 27 of the Code, the nature of the evidence to be obtained, the name and address of any person to be heard as a witness and the subject-matter of any testimony required from that person, and describe any document to be produced or property to be inspected.

  • 2012, c. 26, s. 27.

Divorce Proceedings

Marginal note:Procedure of province to apply
  •  (1) Unless the Court orders otherwise, where the Court makes a direction pursuant to subsection 3(3) or 5(3) of the Divorce Act, the rules made under section 25 of that Act for the province specified in the direction pursuant to subsection 23(2) of that Act shall apply to the conduct of the proceeding in the Court, with such modifications as the circumstances require.

  • Marginal note:Motion for modification of rules

    (2) A party to a proceeding referred to in subsection (1) may at any time, by motion, request a modification to the rules referred to in that subsection.

Foreign Judgments and Arbitral Awards

Marginal note:Definitions

 The following definitions apply to rules 327 to 334.

“arbitration agreement”

« convention d'arbitrage »

“arbitration agreement” means an agreement in writing as defined in article II of the convention set out in the schedule to the United Nations Foreign Arbitral Awards Convention Act or an arbitration agreement as defined in Article 7 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act.

“foreign judgment”

« jugement étranger »

“foreign judgment” means a judgment or arbitral award that may be registered in a court in Canada in accordance with

  • SOR/2004-283, s. 39;
  • 2012, c. 26, s. 27.
Marginal note:Form of application

 An application for registration, recognition or enforcement of a foreign judgment shall be in Form 327.

Marginal note:Ex parte application
  •  (1) An application under rule 327 may be brought ex parte.

  • Marginal note:Directions regarding service

    (2) On an ex parte application under subsection (1), the Court may direct that notice of the application be served on the foreign judgment debtor and may give such directions respecting the manner of service as it considers just.

Marginal note:Affidavit
  •  (1) An affidavit filed in an application under rule 327 shall be accompanied by an exemplified or certified copy of the foreign judgment, any reasons, including dissenting reasons, given in respect of that judgment and a copy of any arbitration agreement under which the judgment was awarded and shall state

    • (a) that the foreign judgment was not fully satisfied as at the filing of the application;

    • (b) whether the foreign judgment debtor appeared in the original proceeding;

    • (c) an address in Canada for service on the foreign judgment creditor;

    • (d) the name and usual or last known address of the foreign judgment debtor;

    • (e) whether interest has accrued on the amount payable under the foreign judgment in accordance with the law of the state of the originating court or arbitral tribunal and, if interest has accrued, the rate of interest, the day from which it is payable, the amount due at the time of the filing of the application and, where applicable, the day on which interest ceases to accrue;

    • (f) the rate of exchange into Canadian currency prevailing on the day on which the foreign judgment was rendered, as ascertained from a chartered bank in Canada;

    • (g) that, having made careful and full inquiries, the applicant knows of no impediment to registration, recognition or enforcement of the foreign judgment; and

    • (h) that the foreign judgment is executory, that no appeal or other form of judicial review is pending and that any time prescribed for the making of an appeal or application for judicial review has expired.

  • Marginal note:Affidavit of service

    (2) Where a foreign judgment debtor did not appear in the original proceeding, an affidavit referred to in subsection (1) shall be accompanied by an affidavit of service on the foreign judgment debtor of the document instituting the original proceedings.

  • SOR/2006-219, s. 12.
Marginal note:Other evidence

 The Court may accept evidence on an application under rule 327 other than affidavit evidence.

Marginal note:Amounts in Canadian currency

 Unless the Court orders otherwise, an amount payable under a foreign judgment shall be converted into the equivalent amount in Canadian currency on the basis of the rate of exchange, ascertained from a chartered bank in Canada, that was prevailing on the day on which the foreign judgment was rendered.

Marginal note:Interest
  •  (1) Any interest on an amount payable under a foreign judgment that has accrued to the day of registration of the foreign judgment shall be added to the amount payable under the foreign judgment.

  • Marginal note:Interest

    (2) Unless the Court orders otherwise, an amount payable under a foreign judgment registered pursuant to an application under rule 327 bears interest from the day of registration at the rate set out in section 3 of the Interest Act.

Marginal note:Service of order for registration

 Unless the Court orders otherwise, a foreign judgment creditor who obtains an order for registration of a foreign judgment shall personally serve the order on the foreign judgment debtor, together with a translation thereof in the language of the foreign judgment and an affidavit attesting to its accuracy.

Marginal note:Execution

 Unless the Court orders otherwise, execution shall not be issued on a foreign judgment registered pursuant to an application under rule 327 until proof of service of the order for registration has been filed.

PART 5.1CLASS PROCEEDINGS

Application

Marginal note:Application

 This Part applies to actions and applications other than applications for judicial review under section 28 of the Act.

  • SOR/2007-301, s. 7.
Marginal note:Applicability of rules for actions and applications

 Except to the extent that they are incompatible with the rules in this Part, the rules applicable to actions and applications, as the case may be, apply to class proceedings.

  • SOR/2007-301, s. 7.

Proceedings That May Be Certified as Class Proceedings

Marginal note:By class member
  •  (1) Despite rule 302, a member of a class of persons may commence an action or an application on behalf of the members of that class, in which case the originating document shall be prefaced by the heading “Proposed Class Proceeding”.

  • Marginal note:Motion for certification of proceeding

    (2) The member shall bring a motion for the certification of the proceeding as a class proceeding and for the appointment of the member as representative plaintiff or applicant.

  • Marginal note:Who may be representative

    (3) The representative of a class shall be a person who may act as a plaintiff or an applicant under these Rules.

  • Marginal note:Originating document in immigration matters

    (4) For the purposes of subsection (1), in the case of an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, the originating document is the application for leave referred to in subsection 72(1) of that Act.

  • SOR/2007-301, s. 7.
Marginal note:By defendant or respondent
  •  (1) A defendant to an action or a respondent to an application may, at any time, bring a motion for the certification of the proceeding as a class proceeding and for the appointment of a representative plaintiff or applicant.

  • Marginal note:Application of rule 334.16

    (2) Rule 334.16 applies to the certification of a proceeding referred to in subsection (1) as a class proceeding, with the exception, unless a judge orders otherwise, of subparagraphs 334.16(1)(e)(ii) and (iv) and paragraphs 334.16(3)(b) and (d).

  • SOR/2007-301, s. 7.
Marginal note:Counterclaims
  •  (1) If a defendant to an action that was commenced by a member of a class of persons on behalf of the members of that class makes a counterclaim against the class, the counterclaim may not proceed unless it is certified as a class proceeding.

  • Marginal note:Defendant or respondent class proceeding

    (2) A party to an action or an application against two or more defendants or respondents may, at any time, bring a motion for the certification of the proceeding as a class proceeding and for the appointment of a representative defendant or respondent.

  • Marginal note:Necessary modifications

    (3) This Part applies, with any necessary modifications, to a counterclaim referred to in subsection (1) and to a proceeding referred to in subsection (2).

  • SOR/2007-301, s. 7.

Motion for Certification

Marginal note:Time of service and filing
  •  (1) A notice of motion for the certification of a proceeding as a class proceeding and the affidavit in support of that motion shall be served and filed

    • (a) in an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, at the time fixed by the case management judge assigned to the proceeding; or

    • (b) in any other proceeding, at least 14 days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Return of motion — actions

    (2) In the case of an action, the motion shall be made returnable no later than 90 days after the later of

    • (a) the day on which the last statement of defence was filed, and

    • (b) the day on which, under rule 204, the last statement of defence is required to be served and filed.

  • Marginal note:Return of motion — applications

    (3) In the case of an application, the motion shall be made returnable

    • (a) in an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, at the time fixed by the case management judge assigned to the proceeding; or

    • (b) in any other application, no later than 30 days after the issuance of the notice of application.

  • Marginal note:Affidavit in response

    (4) A person who serves and files an affidavit in response to a notice of motion and affidavit shall serve and file it at least five days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Content of affidavit

    (5) A person filing an affidavit under subsection (1) or (4) shall set out in the affidavit

    • (a) the material facts on which the person intends to rely at the hearing of the motion;

    • (b) that the person knows of no fact material to the motion that has not been disclosed in the person’s affidavit; and

    • (c) to the best of the person’s knowledge, the number of members in the proposed class.

  • SOR/2007-301, s. 7.

Certification

Marginal note:Conditions
  •  (1) Subject to subsection (3), a judge shall, by order, certify a proceeding as a class proceeding if

    • (a) the pleadings disclose a reasonable cause of action;

    • (b) there is an identifiable class of two or more persons;

    • (c) the claims of the class members raise common questions of law or fact, whether or not those common questions predominate over questions affecting only individual members;

    • (d) a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact; and

    • (e) there is a representative plaintiff or applicant who

      • (i) would fairly and adequately represent the interests of the class,

      • (ii) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members as to how the proceeding is progressing,

      • (iii) does not have, on the common questions of law or fact, an interest that is in conflict with the interests of other class members, and

      • (iv) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record.

  • Marginal note:Matters to be considered

    (2) All relevant matters shall be considered in a determination of whether a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact, including whether

    • (a) the questions of law or fact common to the class members predominate over any questions affecting only individual members;

    • (b) a significant number of the members of the class have a valid interest in individually controlling the prosecution of separate proceedings;

    • (c) the class proceeding would involve claims that are or have been the subject of any other proceeding;

    • (d) other means of resolving the claims are less practical or less efficient; and

    • (e) the administration of the class proceeding would create greater difficulties than those likely to be experienced if relief were sought by other means.

  • Marginal note:Subclasses

    (3) If the judge determines that a class includes a subclass whose members have claims that raise common questions of law or fact that are not shared by all of the class members so that the protection of the interests of the subclass members requires that they be separately represented, the judge shall not certify the proceeding as a class proceeding unless there is a representative plaintiff or applicant who

    • (a) would fairly and adequately represent the interests of the subclass;

    • (b) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the subclass and of notifying subclass members as to how the proceeding is progressing;

    • (c) does not have, on the common questions of law or fact for the subclass, an interest that is in conflict with the interests of other subclass members; and

    • (d) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record.

  • SOR/2007-301, s. 7.
Marginal note:Contents of order
  •  (1) An order certifying a proceeding as a class proceeding shall

    • (a) describe the class;

    • (b) state the name of the representative plaintiff or applicant;

    • (c) state the nature of the claims made on behalf of the class;

    • (d) state the relief claimed by or from the class;

    • (e) set out the common questions of law or fact for the class; and

    • (f) specify the time and manner for class members to opt out of the class proceeding.

  • Marginal note:Subclasses

    (2) If the judge determines that a class includes a subclass whose members have claims that raise common questions of law or fact that are not shared by all of the class members so that the protection of the interests of the subclass members requires that they be separately represented, the certifying order shall include the information referred to in subsection (1) in respect of the subclass.

  • SOR/2007-301, s. 7.
Marginal note:Grounds that may not be relied on

 A judge shall not refuse to certify a proceeding as a class proceeding solely on one or more of the following grounds:

  • (a) the relief claimed includes a claim for damages that would require an individual assessment after a determination of the common questions of law or fact;

  • (b) the relief claimed relates to separate contracts involving different class members;

  • (c) different remedies are sought for different class members;

  • (d) the precise number of class members or the identity of each class member is not known; or

  • (e) the class includes a subclass whose members have claims that raise common questions of law or fact not shared by all of the class members.

  • SOR/2007-301, s. 7.
Marginal note:Amendment and decertification

 A judge may, on motion, amend an order certifying a proceeding as a class proceeding or, if the conditions for certification are no longer satisfied with respect to the proceeding, decertify it.

  • SOR/2007-301, s. 7.
Marginal note:Continuation of action

 If a judge refuses to certify a proceeding as a class proceeding or decertifies a proceeding, the judge may permit the proceeding to continue as one or more proceedings and may make any appropriate order in that regard.

  • SOR/2007-301, s. 7.

Opting Out and Exclusion

Marginal note:Voluntary
  •  (1) A class member involved in a class proceeding may opt out of the proceeding within the time and in the manner specified in the order certifying the proceeding as a class proceeding.

  • Marginal note:Automatic

    (2) A class member shall be excluded from the class proceeding if the member does not, before the expiry of the time for opting out specified in the certifying order, discontinue a proceeding brought by the member that raises the common questions of law or fact set out in that order.

  • SOR/2007-301, s. 7.

Examination for Discovery

Marginal note:Leave to examine others — actions
  •  (1) A party in an action that has been certified as a class proceeding may examine a class member, other than the representative plaintiff, for discovery only on leave granted by the Court and only after the examination of the representative plaintiff.

  • Marginal note:Considerations

    (2) In deciding whether to grant leave to examine class members, the Court shall consider all relevant matters, including

    • (a) the stage of the class proceeding and the issues to be determined at that stage;

    • (b) the presence of subclasses;

    • (c) the necessity of an examination in view of the claims or defences of the party seeking leave;

    • (d) the approximate monetary value of any individual claims; and

    • (e) the possibility that the examination might result in undue burden or expense for the class members sought to be examined.

  • Marginal note:Application of sanctions

    (3) A class member is subject to the same sanctions under these Rules as a party for failure to submit to an examination.

  • SOR/2007-301, s. 7.

Participation

Marginal note:By class members
  •  (1) To ensure the fair and adequate representation of the interests of a class or any subclass, the Court may, at any time, permit one or more class members to participate in the class proceeding.

  • Marginal note:Directions

    (2) When permitting a class member to participate in the proceeding, the Court shall give directions regarding the role of the participant, including matters relating to costs and to the procedures to be followed.

  • SOR/2007-301, s. 7.

Judgments

Marginal note:Separate judgments
  •  (1) A judge may give a single judgment in respect of the common questions of law or fact and separate judgments in respect of any other questions.

  • Marginal note:Content

    (2) A judgment on questions of law or fact that are common to a class or subclass shall

    • (a) set out the common questions of law or fact;

    • (b) name or describe the class or subclass members to the extent possible;

    • (c) state the nature of the claims asserted on behalf of the class or subclass; and

    • (d) specify the relief granted.

  • SOR/2007-301, s. 7.
Marginal note:Common questions
  •  (1) A judgment on questions of law or fact that are common to a class or subclass binds every class or subclass member who has not opted out of or been excluded from the class proceeding, but only to the extent that the judgment determines common questions of law or fact that

    • (a) are set out in the certifying order;

    • (b) relate to claims described in that order; and

    • (c) relate to relief sought by the class or subclass as stated in that order.

  • Marginal note:Subsequent actions

    (2) A judgment on common questions of law or fact of a class or subclass does not bind a party to the class proceeding in any subsequent proceeding between the party and a member who has opted out of or been excluded from the class proceeding.

  • SOR/2007-301, s. 7.
Marginal note:Individual questions
  •  (1) If a judge determines that there are questions of law or fact that apply only to certain individual class or subclass members, the judge shall set a time within which those members may make claims in respect of those questions and may

    • (a) order that the individual questions be determined in further hearings;

    • (b) appoint one or more persons to evaluate the individual questions and report back to the judge; or

    • (c) direct the manner in which the individual questions will be determined.

  • Marginal note:Judge may give directions

    (2) In those circumstances, the judge may give directions relating to the procedures to be followed.

  • Marginal note:Who may preside

    (3) For the purposes of paragraph (1)(a), the judge who determined the common questions of law or fact, another judge or, in the case of a claim referred to in subsection 50(3), a prothonotary may preside over the hearings of the individual questions.

  • SOR/2007-301, s. 7.
Marginal note:Defendant’s liability

 In the case of an action, if, after determining common questions of law or fact in favour of a class or subclass, a judge determines that the defendant’s liability to individual class members cannot be determined without proof by those individual class members, rule 334.26 applies to the determination of the defendant’s liability to those class members.

  • SOR/2007-301, s. 7.
Marginal note:Assessment of monetary relief
  •  (1) A judge may make any order in respect of the assessment of monetary relief, including aggregate assessments, that is due to the class or subclass.

  • Marginal note:Distribution of monetary relief

    (2) A judge may make any order in respect of the distribution of monetary relief, including an undistributed portion of an award that is due to a class or subclass or its members.

  • Marginal note:Special modes of proof

    (3) For the purposes of this rule, a judge may order any special modes of proof.

  • SOR/2007-301, s. 7.

Settlements

Marginal note:Approval
  •  (1) A class proceeding may be settled only with the approval of a judge.

  • Marginal note:Binding effect

    (2) On approval, a settlement binds every class or subclass member who has not opted out of or been excluded from the class proceeding.

  • SOR/2007-301, s. 7.

Discontinuance

Marginal note:Approval

 A proceeding commenced by a member of a class of persons on behalf of the members of that class may only be discontinued with the approval of a judge.

  • SOR/2007-301, s. 7.

Appeals

Marginal note:Individual questions
  •  (1) A class member may appeal any order determining or dismissing the member’s claim in respect of one or more individual questions.

  • Marginal note:Representative plaintiff or applicant failing to appeal

    (2) If a representative plaintiff or applicant does not appeal an order, or does appeal and later files a notice of discontinuance of the appeal, any member of the class for which the representative plaintiff or applicant had been appointed may apply for leave to exercise the right of appeal of that representative within 30 days after

    • (a) the expiry of the appeal period available to the representative, if the representative does not appeal; or

    • (b) the day on which the notice of discontinuance is filed, if the representative appeals and later files a notice of discontinuance of the appeal.

  • SOR/2007-301, s. 7.

Notices

Marginal note:Who gives notice
  •  (1) Notice that a proceeding has been certified as a class proceeding shall be given by the representative plaintiff or applicant to the class members.

  • Marginal note:Dispensation

    (2) A judge may dispense with the giving of notice after considering the factors set out in subsection (3).

  • Marginal note:Factors

    (3) A judge shall order when and by what means notice is to be given after considering the following factors:

    • (a) the cost of giving notice;

    • (b) the nature of the relief sought;

    • (c) the size of the individual claims of the class members;

    • (d) the number of class members;

    • (e) the presence of subclasses;

    • (f) the likelihood that some or all of the class members will opt out of the class proceeding; and

    • (g) the places of residence of class members.

  • Marginal note:How given

    (4) The order may provide that notice be given by

    • (a) personal delivery;

    • (b) mail;

    • (c) posting, publishing, advertising or the distribution of leaflets;

    • (d) individually notifying a sample group within the class; or

    • (e) any other appropriate means or combination of appropriate means.

  • Marginal note:Content of notice

    (5) The notice shall

    • (a) describe the proceeding, including the names and addresses of the representative plaintiff or applicant, and the relief sought;

    • (b) state the time and manner for a class member to opt out of the proceeding;

    • (c) describe the possible financial consequences of the proceeding to the class and subclass members;

    • (d) summarize any agreements respecting fees and disbursements

      • (i) between the representative plaintiff or applicant and that representative’s solicitor, and

      • (ii) if the recipient of the notice is a member of a subclass, between the representative plaintiff or applicant for that subclass and that representative’s solicitor;

    • (e) in the case of an action, describe any counterclaim being asserted by or against the class or any subclass, including the relief sought in the counterclaim;

    • (f) state that the judgment on the common questions of law or fact for the class or subclass, whether favourable or not, will bind all of the class members or subclass members who do not opt out of the proceeding;

    • (g) describe the right, if any, of the class or subclass members to participate in the proceeding; and

    • (h) give an address to which class members may direct inquiries about the proceeding.

  • Marginal note:Request for contributions

    (6) With leave of the judge, the notice may include a solicitation of contributions from the class or subclass members to assist in paying the fees and disbursements of the solicitor of record.

  • SOR/2007-301, s. 7.
Marginal note:Notice of determination of common questions

 If common questions of law or fact are determined in favour of the class or a subclass, the representative plaintiff or applicant for the class or subclass shall give notice of that determination to the class or subclass members in accordance with the directions of a judge in respect of the content of and means of giving the notice.

  • SOR/2007-301, s. 7.
Marginal note:Notice of settlement

 Notice that an offer to settle has been made or that a settlement has been approved under rule 334.29 shall be given by the representative plaintiff or applicant to the class or subclass members in accordance with the directions of a judge in respect of the content of and means of giving the notice.

  • SOR/2007-301, s. 7.
Marginal note:Notice to others
  •  (1) A judge may, at any time, order any party to give any notice that the judge considers necessary to protect the interests of any class member or party or to ensure the fair conduct of the proceeding.

  • Marginal note:Application of subsections 334.32(3) and (4)

    (2) Subsections 334.32(3) and (4) apply to a notice given under this rule.

  • SOR/2007-301, s. 7.
Marginal note:Order

 A judge may order any party to give a notice under rules 334.32 to 334.35.

  • SOR/2007-301, s. 7.
Marginal note:Prior approval of notices

 Notices referred to in rules 334.32 to 334.35 shall not be given unless they have been approved by a judge.

  • SOR/2007-301, s. 7.
Marginal note:Expenses

 The judge has full discretion over the amount and allocation of expenses in respect of notices and may determine who is to pay those expenses.

  • SOR/2007-301, s. 7.

Costs

Marginal note:No costs
  •  (1) Subject to subsection (2), no costs may be awarded against any party to a motion for certification of a proceeding as a class proceeding, to a class proceeding or to an appeal arising from a class proceeding, unless

    • (a) the conduct of the party unnecessarily lengthened the duration of the proceeding;

    • (b) any step in the proceeding by the party was improper, vexatious or unnecessary or was taken through negligence, mistake or excessive caution; or

    • (c) exceptional circumstances make it unjust to deprive the successful party of costs.

  • Marginal note:Individual claims

    (2) The Court has full discretion to award costs with respect to the determination of the individual claims of a class member.

  • SOR/2007-301, s. 7.
Marginal note:Approval of payments

 No payments, including indirect payments, shall be made to a solicitor from the proceeds recovered in a class proceeding unless the payments are approved by a judge.

  • SOR/2007-301, s. 7.

PART 6APPEALS

Application of this Part

Marginal note:Application

 This Part applies to

  • (a) appeals to the Federal Court of Appeal from the Federal Court, including appeals from interlocutory orders;

  • (b) appeals to the Federal Court of Appeal from the Tax Court of Canada under subsections 27(1.1) and (1.2) of the Act; and

  • (c) appeals to the Court under an Act of Parliament, unless otherwise indicated in that Act or these Rules.

  • SOR/2004-283, s. 17.

General

Interpretation

Definition of “first instance”

 In this Part, “first instance” means a proceeding in the Federal Court, the Tax Court of Canada or the tribunal whose order is being appealed.

  • SOR/2004-283, s. 33.

Commencement of Appeal

Marginal note:Content of general notice of appeal

 An appeal, other than an appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act, shall be commenced by a notice of appeal, in Form 337, setting out

  • (a) the name of the court to which the appeal is taken;

  • (b) the names of the parties;

  • (c) a precise statement of the relief sought;

  • (d) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

  • (e) the name of the court or tribunal appealed from;

  • (f) the date and details of the order under appeal; and

  • (g) the place proposed for the hearing of the appeal.

  • SOR/2004-283, ss. 18, 36.
Marginal note:Content of notice of appeal — certain judgments of Tax Court of Canada

 An appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act shall be commenced by a notice of appeal, in Form 337.1, setting out

  • (a) the names of the parties;

  • (b) a precise statement of the relief sought;

  • (c) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

  • (d) the date and details of the final judgment under appeal; and

  • (e) the place proposed for the hearing of the appeal.

  • SOR/2004-283, s. 19.
Marginal note:Persons to be included as respondents
  •  (1) Unless the Court orders otherwise, an appellant shall include as a respondent in an appeal

    • (a) every party in the first instance who is adverse in interest to the appellant in the appeal;

    • (b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and

    • (c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada.

  • Marginal note:Substitution for Attorney General

    (2) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of appeal
  •  (1) Unless the Court directs otherwise or an Act of Parliament authorizing the appeal provides otherwise, within 10 days after the issuance of a notice of appeal, the appellant shall serve it on

    • (a) all respondents;

    • (b) in the case of an appeal of an order of a tribunal,

      • (i) the Attorney General of Canada, and

      • (ii) the tribunal or its chief executive officer;

    • (c) any person who is not a party and who participated in the first instance; and

    • (d) any other person directly affected by the appeal.

  • Marginal note:Proof of service

    (2) Proof of service of a notice of appeal shall be filed within 10 days after the notice of appeal is served.

Marginal note:Solicitor of record and address for service

 In an appeal from the Federal Court to the Federal Court of Appeal, the solicitor of record and the address for service of a party on the appeal shall be the same as they were in the first instance.

  • SOR/2004-283, s. 20.
Marginal note:Appearance or cross-appeal
  •  (1) A respondent who intends to participate in an appeal shall, within 10 days after service of the notice of appeal, serve and file

    • (a) a notice of appearance in Form 341A; or

    • (b) where the respondent seeks a different disposition of the order appealed from, a notice of cross-appeal in Form 341B.

  • Marginal note:Content of notice of cross-appeal

    (2) A notice of cross-appeal shall set out

    • (a) a precise statement of the relief sought; and

    • (b) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on.

  • Marginal note:Leave for late cross-appeal

    (3) Where a respondent has not filed a notice of cross-appeal under subsection (1), the cross-appeal may not be heard without leave of the Court.

  • SOR/2007-301, s. 12(F).
Marginal note:Consolidation of appeals
  •  (1) Unless the Court orders otherwise, where more than one party appeals from an order, all appeals shall be consolidated.

  • Marginal note:Directions

    (2) The Court may give directions as to the procedure to be followed in a consolidation under subsection (1).

Appeal Books

Marginal note:Agreement re appeal book
  •  (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file that agreement.

  • Marginal note:Limitation

    (2) The parties shall include in an appeal book only such documents, exhibits and transcripts as are required to dispose of the issues on appeal.

  • Marginal note:Motion to determine content of appeal book

    (3) If no agreement is reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiration of that period, serve and file a notice of motion under rule 369 to request that the Court determine the content of the appeal book.

  • Marginal note:Order for transcripts or reproductions

    (4) Where a transcript or the reproduction of exhibits is required, the appellant shall order it and shall file proof of the order within 10 days after filing an agreement under subsection (1) or obtaining an order under subsection (3).

  • Marginal note:Preparation of appeal book

    (5) The appeal book shall be prepared by the appellant forthwith unless, on the motion of the appellant, the Court orders the Administrator to prepare an appeal book on the appellant's behalf from documents provided by the appellant.

Marginal note:Content of appeal book
  •  (1) An appeal book shall have a grey cover and contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents describing each document;

    • (b) the notice of appeal and any notice of cross-appeal;

    • (c) the order appealed from, as signed and entered, and any reasons, including dissenting reasons, given in respect of that order;

    • (d) the originating document, any other pleadings and any other document in the first instance that defines the issues in the appeal;

    • (e) subject to subsection (2), all documents, exhibits and transcripts agreed on under subsection 343(1) or ordered to be included on a motion under subsection 343(3);

    • (f) any order made in respect of the conduct of the appeal;

    • (g) any other document relevant to the appeal;

    • (h) an agreement reached under subsection 343(1) as to the contents of the appeal book or an order made under subsection 343(3); and

    • (i) a certificate in Form 344, signed by the appellant's solicitor, stating that the contents of the appeal book are complete and legible.

  • Marginal note:Transcripts separate

    (2) Transcripts may be reproduced in a separate document.

  • SOR/2006-219, s. 13.
Marginal note:Service and filing of appeal book

 Within 30 days after filing an agreement under subsection 343(1) or obtaining an order under subsection 343(3), an appellant shall serve the appeal book and file

  • (a) where the appeal is brought in the Federal Court, three copies of it; and

  • (b) where the appeal is brought in the Federal Court of Appeal, five copies of it.

  • SOR/2004-283, ss. 32, 33.

Memoranda

Marginal note:Appellant's memorandum
  •  (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law.

  • Marginal note:Respondent's memorandum

    (2) Within 30 days after service of the appellant's memorandum of fact and law, the respondent shall serve and file the respondent's memorandum of fact and law.

  • Marginal note:Where cross-appeal filed

    (3) Where a respondent has served a notice of cross-appeal under rule 341,

    • (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, as part of the respondent's memorandum of fact and law, within the time set out in subsection (2); and

    • (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent's memorandum of fact and law.

  • Marginal note:Colour of memorandum

    (4) The cover of a memorandum of fact and law

    • (a) of an appellant shall be beige;

    • (b) of a respondent shall be green; and

    • (c) of an intervener shall be blue.

  • Marginal note:Number of memoranda to be filed

    (5) Memoranda of fact and law shall be filed in the same number as are appeal books.

Requisition for Hearing

Marginal note:Requisition for hearing
  •  (1) Within 20 days after service of the respondent's memorandum of fact and law or 20 days after the expiration of the time for service of the respondent's memorandum of fact and law, whichever is the earlier, an appellant shall serve and file a requisition in Form 347 requesting that a date be set for the hearing of the appeal.

  • Marginal note:Default by appellant

    (2) Where an appellant fails to comply with subsection (1), a respondent may, in lieu of bringing a motion under rule 167, serve and file a requisition in Form 347 to request that a date be set for the hearing of the appeal.

  • Marginal note:Content of requisition

    (3) A requisition referred to in subsection (1) shall

    • (a) include a statement that the requirements of subsections 346(1) and (5) have been satisfied and that any notice required under section 57 of the Act has been given;

    • (b) set out the location at which the hearing should be held;

    • (c) set out the maximum number of hours or days required for the hearing;

    • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

    • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the appeal or, where a party is not represented by a solicitor, the person's name, address, telephone number and any fax number; and

    • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French.

  • SOR/2002-417, s. 20(E).

Book of Authorities

Marginal note:Joint book of authorities
  •  (1) Subject to subsection (2), at least 30 days before the hearing date, the parties shall file

    • (a) where the appeal is brought in the Federal Court, three copies of a joint book of statutes, regulations and authorities; or

    • (b) where the appeal is brought in the Federal Court of Appeal, five copies of a joint book of statutes, regulations and authorities.

  • Marginal note:Separate books

    (2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall file separate books in lieu thereof, without reproducing documents included in the book of another party.

  • Marginal note:Enactments in both official languages

    (3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages.

  • Marginal note:Colour of cover

    (4) The cover of a book of statutes, regulations and authorities shall be

    • (a) where the book is filed jointly, burgundy; and

    • (b) where the book is filed separately, the same colour as the filing party's memorandum of fact and law.

  • SOR/2004-283, ss. 32, 33.

Consent to Reversal or Variation of Judgment

Marginal note:Consent to reversal or variation of judgment
  •  (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect.

  • Marginal note:Judgment on consent

    (2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.

Material in the Possession of a Tribunal

Marginal note:Material in possession of a tribunal

 Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.

New Evidence on Appeal

Marginal note:New evidence on appeal

 In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.

Motions for Leave to Appeal

Marginal note:Leave to appeal
  •  (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing.

  • Marginal note:Respondents and service

    (2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.

Marginal note:Motion record
  •  (1) A person bringing a motion under rule 352 shall serve the motion record and, unless the Court orders otherwise, file three copies thereof.

  • Marginal note:Content of motion record

    (2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order,

    • (a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order;

    • (b) the pleadings and any other material that is necessary for the hearing of the motion;

    • (c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and

    • (d) a memorandum of fact and law.

  • SOR/2006-219, s. 14.
Marginal note:Respondent's memorandum of fact and law

 A respondent to a motion for leave to appeal shall serve a memorandum of fact and law and any supporting affidavits and, unless the Court orders otherwise, file three copies thereof not later than 20 days after service of the motion record.

Marginal note:Reply

 A party bringing a motion for leave to appeal shall serve any reply to the memorandum of fact and law of a respondent and, unless the Court orders otherwise, file three copies thereof not later than 10 days after service thereof.

Marginal note:Disposition of motion

 On the filing of a reply under rule 355 or the expiration of the period allowed for a reply, the Court may dispose in writing of a motion for leave to appeal.

Leave to Appeal to the Supreme Court of Canada

Marginal note:Motion for leave to appeal to Supreme Court
  •  (1) Notwithstanding rule 352, where a judgment of the Federal Court of Appeal is delivered from the bench, a motion under section 37.1 of the Supreme Court Act for leave to appeal from the judgment to the Supreme Court of Canada may be made at the time the judgment is delivered and without prior notice.

  • Marginal note:Grounds for motion for leave

    (2) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall, unless the Court permits otherwise, be argued on the case, and on the reasons for judgment, from which leave to appeal is sought.

  • Marginal note:Number of judges

    (3) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall be heard before not fewer than three judges, who need not be the judges who heard the matter under appeal.

  • SOR/2004-283, ss. 21(F), 32.

PART 7MOTIONS

Marginal note:Application

 This Part applies to motions other than motions for leave to appeal under Part 6.

Marginal note:Notice of motion

 Except with leave of the Court, a motion shall be initiated by a notice of motion, in Form 359, setting out

  • (a) in respect of a motion other than one made under rule 369, the time, place and estimated duration of the hearing of the motion;

  • (b) the relief sought;

  • (c) the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

  • (d) a list of the documents or other material to be used at the hearing of the motion.

Marginal note:Hearing date for motions

 No notice of motion may be filed unless it is expressly made returnable

  • (a) at sittings fixed under rule 34;

  • (b) at a time and place appointed under subsection 35(2); or

  • (c) in writing, under rule 369.

Marginal note:Service on ex parte motion

 Notwithstanding rules 362, 364, 367 and 370, a party bringing an ex parte motion need not comply with the service requirements set out in those rules.

Marginal note:Service and filing of notice
  •  (1) Subject to subsection (2), on a motion other than a motion under rule 369, a notice of motion and any affidavit required under rule 363 shall be served and filed at least three days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Motion on less than three days notice

    (2) The Court may hear the motion on less than three days’ notice

    • (a) where the motion is made on notice, if all parties consent; or

    • (b) in any case, if the moving party satisfies the Court of the urgency of the motion.

  • SOR/2013-18, s. 11.
Marginal note:Evidence on motion

 A party to a motion shall set out in an affidavit any facts to be relied on by that party in the motion that do not appear on the Court file.

  • SOR/2002-417, s. 21(F).
Marginal note:Motion record
  •  (1) Unless the Court orders otherwise, a person bringing a motion shall serve a motion record and file three copies thereof.

  • Marginal note:Contents of motion record

    (2) A moving party's motion record shall contain, on consecutively numbered pages arranged in the following order,

    • (a) a table of contents;

    • (b) the notice of motion;

    • (c) all affidavits and other material served by the moving party for use on the motion;

    • (d) subject to rule 368, the portions of any transcripts on which the moving party intends to rely;

    • (e) subject to rule 366, written representations; and

    • (f) any other filed material that is necessary for the hearing of the motion.

  • Marginal note:Service and filing of motion record

    (3) Subject to subsections 51(2), 163(2) and 213(3), on a motion other than a motion under rule 369, the motion record shall be served and filed at least three days before the day set out in the notice of motion for the hearing of the motion.

  • SOR/2009-331, s. 5;
  • SOR/2013-18, s. 12.
Marginal note:Respondent's motion record
  •  (1) Subject to subsections 213(4) and 369(2), a respondent to a motion shall serve a respondent’s motion record and file three copies of it not later than 2:00 p.m. on the day that is two days before the hearing of the motion.

  • Marginal note:Contents of motion record

    (2) The motion record of a respondent to a motion shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents;

    • (b) all affidavits and other material to be used by the respondent on the motion that is not included in the moving party's motion record;

    • (c) subject to rule 368, the portions of any transcripts on which the respondent intends to rely;

    • (d) subject to rule 366, written representations; and

    • (e) any other filed material not contained in the moving party's motion record that is necessary for the hearing of the motion.

  • SOR/2009-331, s. 6;
  • SOR/2013-18, s. 13.
Marginal note:Memorandum of fact and law required

 On a motion for summary judgment or summary trial, for an interlocutory injunction, for the determination of a question of law or for the certification of a proceeding as a class proceeding, or if the Court so orders, a motion record shall contain a memorandum of fact and law instead of written representations.

  • SOR/2002-417, s. 22;
  • SOR/2007-301, s. 8;
  • SOR/2009-331, s. 7.
Marginal note:Documents filed as part of motion record

 A notice of motion or any affidavit required to be filed by a party to a motion may be served and filed as part of the party's motion record and need not be served and filed separately.

Marginal note:Transcripts of cross-examinations

 Transcripts of all cross-examinations on affidavits on a motion shall be filed before the hearing of the motion.

Marginal note:Motions in writing
  •  (1) A party may, in a notice of motion, request that the motion be decided on the basis of written representations.

  • Marginal note:Request for oral hearing

    (2) A respondent to a motion brought in accordance with subsection (1) shall serve and file a respondent's record within 10 days after being served under rule 364 and, if the respondent objects to disposition of the motion in writing, indicate in its written representations or memorandum of fact and law the reasons why the motion should not be disposed of in writing.

  • Marginal note:Reply

    (3) A moving party may serve and file written representations in reply within four days after being served with a respondent's record under subsection (2).

  • Marginal note:Disposition of motion

    (4) On the filing of a reply under subsection (3) or on the expiration of the period allowed for a reply, the Court may dispose of a motion in writing or fix a time and place for an oral hearing of the motion.

Marginal note:Abandonment of motion
  •  (1) A party who brings a motion may abandon it by serving and filing a notice of abandonment in Form 370.

  • Marginal note:Deemed abandonment

    (2) Where a moving party fails to appear at the hearing of a motion without serving and filing a notice of abandonment, it is deemed to have abandoned the motion.

Marginal note:Testimony regarding issue of fact

 On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised on a motion.

PART 8PRESERVATION OF RIGHTS IN PROCEEDINGS

General

Marginal note:Motion before proceeding commenced
  •  (1) A motion under this Part may not be brought before the commencement of a proceeding except in a case of urgency.

  • Marginal note:Undertaking to commence proceeding

    (2) A party bringing a motion before the commencement of a proceeding shall undertake to commence the proceeding within the time fixed by the Court.

Interim and Interlocutory Injunctions

Marginal note:Availability
  •  (1) On motion, a judge may grant an interlocutory injunction.

  • Marginal note:Undertaking to abide by order

    (2) Unless a judge orders otherwise, a party bringing a motion for an interlocutory injunction shall undertake to abide by any order concerning damages caused by the granting or extension of the injunction.

  • Marginal note:Expedited hearing

    (3) Where it appears to a judge that the issues in a motion for an interlocutory injunction should be decided by an expedited hearing of the proceeding, the judge may make an order under rule 385.

  • Marginal note:Evidence at hearing

    (4) A judge may order that any evidence submitted at the hearing of a motion for an interlocutory injunction shall be considered as evidence submitted at the hearing of the proceeding.

Marginal note:Interim injunction
  •  (1) A judge may grant an interim injunction on an ex parte motion for a period of not more than 14 days where the judge is satisfied

    • (a) in a case of urgency, that no notice is possible; or

    • (b) that to give notice would defeat the purpose of the motion.

  • Marginal note:Extension

    (2) A motion to extend an interim injunction that was granted on an ex parte motion may be brought only on notice to every party affected by the injunction, unless the moving party can demonstrate that a party has been evading service or that there are other sufficient reasons to extend the interim injunction without notice to the party.

  • Marginal note:Limitation

    (3) Where a motion to extend an interim injunction under subsection (2) is brought ex parte, the extension may be granted for a further period of not more than 14 days.

Appointment of a Receiver

Marginal note:Motion to appoint receiver
  •  (1) On motion, a judge may appoint a receiver in any proceeding.

  • Marginal note:Remuneration and security

    (2) An order under subsection (1) shall set out the remuneration to be paid to, and the amount of security to be given by, the receiver.

Marginal note:Approval of receiver's accounts

 A receiver appointed under rule 375 shall, by motion to the Court, seek approval of the receiver's accounts on an annual basis.

Preservation of Property

Marginal note:Motion for order in respect of property
  •  (1) On motion, the Court may make an order for the custody or preservation of property that is, or will be, the subject-matter of a proceeding or as to which a question may arise therein.

  • Marginal note:Interim order

    (2) Rule 374 applies to interim orders for the custody or preservation of property referred to in subsection (1), with such modifications as the circumstances require.

Marginal note:Order to identify property
  •  (1) An order under subsection 377(1) shall

    • (a) identify the property to be kept or preserved;

    • (b) state where, by whom, for how long and at whose cost the property is to be kept or preserved; and

    • (c) if the property is to be insured, state at whose expense it shall be insured.

  • Marginal note:Scope of order

    (2) An order under subsection 377(1) shall be directed solely to the protection of the property in question.

Marginal note:Sale of perishable or deteriorating property

 Where any property, other than real property or immoveables, that is the subject-matter of a proceeding or the subject of a question that may arise in a proceeding

  • (a) is of a perishable nature,

  • (b) is likely to deteriorate if kept, or

  • (c) should for any other reason be sold without delay,

on motion, the Court may order the sale of the property, in such a manner and on such conditions as may be specified in the order.

PART 9CASE MANAGEMENT AND DISPUTE RESOLUTION SERVICES

Case Management

Status Review — Federal Court

Marginal note:Actions — Federal Court
  •  (1) If, in an action commenced in the Federal Court,

    • (a) 180 days have elapsed since the issuance of the statement of claim and no statement of defence has been filed and no motion for default judgement is pending, the Administrator shall issue a notice of status review, in Form 380, to the parties; or

    • (b) 360 days have elapsed since the issuance of the statement of claim and no requisition for a pre-trial conference has been filed, the Court shall order that the action continue as a specially managed proceeding and may make an order under rule 385.

  • Marginal note:Applications — Federal Court

    (2) If, in an application commenced in the Federal Court, 180 days have elapsed since the issuance of the notice of application and no requisition for a hearing date has been filed, the Court may

    • (a) issue a notice of status review, in Form 380, to the parties; or

    • (b) order that the application continue as a specially managed proceeding and may make an order under rule 385.

  • Marginal note:Exception

    (3) Subsections (1) and (2) do not apply to an action or an application continued as a specially managed proceeding or in respect of which a motion to continue the proceeding as a specially managed proceeding is pending.

  • SOR/98-106, s. 380;
  • err.(F), Vol. 132, No. 12;
  • SOR/2007-214, s. 1.
Marginal note:Filing of timetable

 If the Court orders that an action or an application continue as a specially managed proceeding under paragraph 380(1)(b) or (2)(b), and no order under rule 385 has been made in accordance with that paragraph, the plaintiff or applicant, within 20 days of the date of the order, shall serve and file a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • SOR/2007-214, s. 1.
Marginal note:Representations of plaintiff or applicant
  •  (1) If a notice of status review is issued in respect of an action or an application, the plaintiff or applicant, within 15 days of the date of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations of defendant or respondent

    (2) The defendant or respondent may serve and file representations within seven days after being served with the representations of the plaintiff or applicant.

  • Marginal note:Reply

    (3) The plaintiff or applicant may serve and file a reply within four days after being served with the representations of the defendant or respondent.

  • SOR/2007-214, s. 1.
Marginal note:Review to be in writing
  •  (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court shall be conducted on the basis of the written representations of the parties.

  • Marginal note:Review by the Court

    (2) A judge or prothonotary shall conduct a status review and may

    • (a) if he or she is not satisfied that the proceeding should continue, dismiss the proceeding; or

    • (b) if he or she is satisfied that the proceeding should continue, order that it continue as a specially managed proceeding and may make an order under rule 385.

  • SOR/2007-214, s. 1.

Status Review — Federal Court of Appeal

Marginal note:Application or appeal — Federal Court of Appeal

 If, in an application or appeal commenced in the Federal Court of Appeal, 180 days have elapsed since the issuance of the notice of application or appeal and no requisition for a hearing date has been filed, the Court may issue a notice of status review in Form 382.2 to the parties.

  • SOR/2007-214, s. 1.
Marginal note:Representations when applicant or appellant in default
  •  (1) If the party in default is the applicant or the appellant, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations when respondent in default

    (2) If the party in default is the respondent, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why default judgment should not be entered. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations of the other party

    (3) The other party may serve and file representations within 10 days after being served with the representations of the party that is in default.

  • Definition of “party in default”

    (4) In this rule and rule 382.4, “party in default” means the party that failed to take the next chronological step required by these Rules after the last step that was completed.

  • SOR/2007-214, s. 1.
Marginal note:Review to be in writing
  •  (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court of Appeal shall be conducted on the basis of the written representations of the parties.

  • Marginal note:Review by a judge

    (2) A judge shall conduct a status review and may

    • (a) if he or she is not satisfied that the proceeding should continue and

      • (i) the party in default is the applicant or the appellant, dismiss the proceeding, or

      • (ii) the party in default is the respondent, grant judgment in favour of the applicant or appellant or order the applicant or appellant to proceed to prove entitlement to the judgment claimed; or

    • (b) if he or she is satisfied that the proceeding should continue,

      • (i) give any directions that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits, and

      • (ii) fix the period for completion of subsequent steps in the proceeding.

  • SOR/2007-214, s. 1.

Specially Managed Proceedings

Marginal note:Case management judges — Federal Court

 The Chief Justice of the Federal Court may assign

  • (a) one or more judges to act as a case management judge in a proceeding;

  • (b) one or more prothonotaries to act as a case management judge in a proceeding; or

  • (c) a prothonotary to assist in the management of a proceeding.

  • SOR/2004-283, s. 22;
  • SOR/2007-214, s. 2.
Marginal note:Case management judges — Federal Court of Appeal

 The Chief Justice of the Federal Court of Appeal may assign one or more judges to act as a case management judge in a proceeding.

  • SOR/2004-283, s. 23.
Marginal note:Order for special management

 The Court may at any time order that a proceeding continue as a specially managed proceeding.

  • SOR/2007-214, s. 3.
Marginal note:Class proceedings

 A proceeding commenced by a member of a class of persons on behalf of the members of that class shall be conducted as a specially managed proceeding.

  • SOR/2002-417, s. 23;
  • SOR/2007-301, s. 9.
Marginal note:Powers of case management judge or prothonotary
  •  (1) Unless the Court directs otherwise, a case management judge or a prothonotary assigned under paragraph 383(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may

    • (a) give any directions or make any orders that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits;

    • (b) notwithstanding any period provided for in these Rules, fix the period for completion of subsequent steps in the proceeding;

    • (c) fix and conduct any dispute resolution or pre-trial conferences that he or she considers necessary; and

    • (d) subject to subsection 50(1), hear and determine all motions arising prior to the assignment of a hearing date.

  • Marginal note:Order for status review

    (2) A case management judge or a prothonotary assigned under paragraph 383(c) may, at any time, order that a status review be held in accordance with this Part.

  • Marginal note:Order to cease special management

    (3) A case management judge or a prothonotary assigned under paragraph 383(c) may order that a proceeding, other than a class proceeding, cease to be conducted as a specially managed proceeding, in which case the periods set out in these Rules for taking any subsequent steps apply.

  • SOR/2002-417, s. 24;
  • SOR/2007-214, s. 4;
  • SOR/2007-301, s. 10(E);
  • SOR/2013-18, s. 14.

Dispute Resolution Services

Marginal note:Order for dispute resolution conference
  •  (1) The Court may order that a proceeding, or any issue in a proceeding, be referred to a dispute resolution conference, to be conducted in accordance with rules 387 to 389 and any directions set out in the order.

  • Marginal note:Time limit for dispute resolution conference

    (2) Unless the Court orders otherwise, a dispute resolution conference shall be completed within 30 days.

Marginal note:Interpretation

 A dispute resolution conference shall be conducted by a case management judge or prothonotary assigned under paragraph 383(c), who may

  • (a) conduct a mediation, to assist the parties by meeting with them together or separately to encourage and facilitate discussion between them in an attempt to reach a mutually acceptable resolution of the dispute;

  • (b) conduct an early neutral evaluation of a proceeding, to evaluate the relative strengths and weaknesses of the positions advanced by the parties and render a non-binding opinion as to the probable outcome of the proceeding; or

  • (c) conduct a mini-trial, presiding over presentation by counsel for the parties of their best case and rendering a non-binding opinion as to the probable outcome of the proceeding.

Marginal note:Confidentiality

 Discussions in a dispute resolution conference and documents prepared for the purposes of such a conference are confidential and shall not be disclosed.

Marginal note:Notice of settlement
  •  (1) Where a settlement of all or part of a proceeding is reached at a dispute resolution conference,

    • (a) it shall be reduced to writing and signed by the parties or their solicitors; and

    • (b) a notice of settlement in Form 389 shall be filed within 10 days after the settlement is reached.

  • Marginal note:Report of partial settlement

    (2) Where a settlement of only part of a proceeding is reached at a dispute resolution conference, the case management judge shall make an order setting out the issues that have not been resolved and giving such directions as he or she considers necessary for their adjudication.

  • Marginal note:Notice of failure to settle

    (3) Where no settlement can be reached at a dispute resolution conference, the case management judge shall record that fact on the Court file.

Marginal note:Stay of proceedings

 On motion, a case management judge or a prothonotary assigned under paragraph 383(c) may, by order, stay a proceeding, including a proceeding that has previously been stayed, for a period of not more than six months, on the ground that the parties have undertaken to refer the subject-matter of the proceeding to an alternative means of dispute resolution, other than a dispute resolution conference referred to in rule 386.

Marginal note:Case management judge not to preside at hearing

 A case management judge who conducts a dispute resolution conference in an action, application or appeal shall not preside at the hearing thereof unless all parties consent.

PART 10ORDERS

Marginal note:Disposition of hearing
  •  (1) The Court may dispose of any matter that is the subject-matter of a hearing by signing an order.

  • Marginal note:Effective time of order

    (2) Unless it provides otherwise, an order is effective from the time that it is endorsed in writing and signed by the presiding judge or prothonotary or, in the case of an order given orally from the bench in circumstances that render it impracticable to endorse a written copy of the order, at the time it is made.

Marginal note:Reasons

 The Court may deliver reasons for judgment

  • (a) orally from the bench at the conclusion of the hearing of a proceeding; or

  • (b) after having reserved judgment at the conclusion of a hearing, by depositing in the Registry written reasons, signed by the judge or prothonotary who delivered them.

Marginal note:Drafting of order
  •  (1) Where the Court gives reasons, it may direct one of the parties to prepare for endorsement a draft order to implement the Court's conclusion, approved as to form and content by the other parties or, where the parties cannot agree on the form and content of the order, to bring a motion for judgment in accordance with rule 369.

  • Marginal note:Pronouncement of judgment

    (2) On the return of a motion under subsection (1), the Court shall settle the terms of and pronounce the judgment, which shall be endorsed in writing and signed by the presiding judge or prothonotary.

Marginal note:Copies to be sent
  •  (1) Subject to subsection 36(3), the Administrator shall send without delay a copy of every order made and of any reasons given other than in open court to all parties

    • (a) by registered mail;

    • (b) by electronic means, including facsimile and electronic mail; or

    • (c) by any other means, as directed by the Chief Justice, likely to bring the order and any reasons to the attention of the party.

  • Marginal note:Proof of receipt

    (2) If an order and any reasons are transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.

  • SOR/2010-177, s. 6.
Marginal note:Recording of orders

 Every order shall be recorded by the Administrator forthwith after it is made.

Marginal note:Motion to reconsider
  •  (1) Within 10 days after the making of an order, or within such other time as the Court may allow, a party may serve and file a notice of motion to request that the Court, as constituted at the time the order was made, reconsider its terms on the ground that

    • (a) the order does not accord with any reasons given for it; or

    • (b) a matter that should have been dealt with has been overlooked or accidentally omitted.

  • Marginal note:Mistakes

    (2) Clerical mistakes, errors or omissions in an order may at any time be corrected by the Court.

Marginal note:Stay of order
  •  (1) On the motion of a person against whom an order has been made,

    • (a) where the order has not been appealed, the court that made the order may order that it be stayed; or

    • (b) where a notice of appeal of the order has been issued, a judge of the court that is to hear the appeal may order that it be stayed.

  • Marginal note:Conditions

    (2) As a condition to granting a stay under subsection (1), a judge may require that the appellant

    • (a) provide security for costs; and

    • (b) do anything required to ensure that the order will be complied with when the stay is lifted.

  • Marginal note:Setting aside of stay

    (3) A judge of the court that is to hear an appeal of an order that has been stayed pending appeal may set aside the stay if the judge is satisfied that the party who sought the stay is not expeditiously proceeding with the appeal or that for any other reason the order should no longer be stayed.

  • SOR/2004-283, s. 40.
Marginal note:Setting aside or variance
  •  (1) On motion, the Court may set aside or vary an order that was made

    • (aex parte; or

    • (b) in the absence of a party who failed to appear by accident or mistake or by reason of insufficient notice of the proceeding,

    if the party against whom the order is made discloses a prima facie case why the order should not have been made.

  • Marginal note:Setting aside or variance

    (2) On motion, the Court may set aside or vary an order

    • (a) by reason of a matter that arose or was discovered subsequent to the making of the order; or

    • (b) where the order was obtained by fraud.

  • Marginal note:Effect of order

    (3) Unless the Court orders otherwise, the setting aside or variance of an order under subsection (1) or (2) does not affect the validity or character of anything done or not done before the order was set aside or varied.

PART 11COSTS

Awarding of Costs Between Parties

Marginal note:Discretionary powers of Court
  •  (1) The Court shall have full discretionary power over the amount and allocation of costs and the determination of by whom they are to be paid.

  • Marginal note:Crown

    (2) Costs may be awarded to or against the Crown.

  • Marginal note:Factors in awarding costs

    (3) In exercising its discretion under subsection (1), the Court may consider

    • (a) the result of the proceeding;

    • (b) the amounts claimed and the amounts recovered;

    • (c) the importance and complexity of the issues;

    • (d) the apportionment of liability;

    • (e) any written offer to settle;

    • (f) any offer to contribute made under rule 421;

    • (g) the amount of work;

    • (h) whether the public interest in having the proceeding litigated justifies a particular award of costs;

    • (i) any conduct of a party that tended to shorten or unnecessarily lengthen the duration of the proceeding;

    • (j) the failure by a party to admit anything that should have been admitted or to serve a request to admit;

    • (k) whether any step in the proceeding was

      • (i) improper, vexatious or unnecessary, or

      • (ii) taken through negligence, mistake or excessive caution;

    • (l) whether more than one set of costs should be allowed, where two or more parties were represented by different solicitors or were represented by the same solicitor but separated their defence unnecessarily;

    • (m) whether two or more parties, represented by the same solicitor, initiated separate proceedings unnecessarily;

    • (n) whether a party who was successful in an action exaggerated a claim, including a counterclaim or third party claim, to avoid the operation of rules 292 to 299;

    • (n.1) whether the expense required to have an expert witness give evidence was justified given

      • (i) the nature of the litigation, its public significance and any need to clarify the law,

      • (ii) the number, complexity or technical nature of the issues in dispute, or

      • (iii) the amount in dispute in the proceeding; and

    • (o) any other matter that it considers relevant.

  • Marginal note:Tariff B

    (4) The Court may fix all or part of any costs by reference to Tariff B and may award a lump sum in lieu of, or in addition to, any assessed costs.

  • Marginal note:Directions re assessment

    (5) Where the Court orders that costs be assessed in accordance with Tariff B, the Court may direct that the assessment be performed under a specific column or combination of columns of the table to that Tariff.

  • Marginal note:Further discretion of Court

    (6) Notwithstanding any other provision of these Rules, the Court may

    • (a) award or refuse costs in respect of a particular issue or step in a proceeding;

    • (b) award assessed costs or a percentage of assessed costs up to and including a specified step in a proceeding;

    • (c) award all or part of costs on a solicitor-and-client basis; or

    • (d) award costs against a successful party.

  • Marginal note:Award and payment of costs

    (7) Costs shall be awarded to the party who is entitled to receive the costs and not to the party's solicitor, but they may be paid to the party's solicitor in trust.

  • SOR/2002-417, s. 25(F);
  • SOR/2010-176, s. 11.
Marginal note:Costs of motion
  •  (1) The Court may award costs of a motion in an amount fixed by the Court.

  • Marginal note:Costs payable forthwith

    (2) Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith.

Marginal note:Costs of discontinuance or abandonment

 Unless otherwise ordered by the Court or agreed by the parties, a party against whom an action, application or appeal has been discontinued or against whom a motion has been abandoned is entitled to costs forthwith, which may be assessed and the payment of which may be enforced as if judgment for the amount of the costs had been given in favour of that party.

Marginal note:Motion for directions
  •  (1) A party may request that directions be given to the assessment officer respecting any matter referred to in rule 400,

    • (a) by serving and filing a notice of motion within 30 days after judgment has been pronounced; or

    • (b) in a motion for judgment under subsection 394(2).

  • Marginal note:Motion after judgment

    (2) A motion may be brought under paragraph (1)(a) whether or not the judgment included an order concerning costs.

  • Marginal note:Same judge or prothonotary

    (3) A motion under paragraph (1)(a) shall be brought before the judge or prothonotary who signed the judgment.

Marginal note:Liability of solicitor for costs
  •  (1) Where costs in a proceeding are incurred improperly or without reasonable cause or are wasted by undue delay or other misconduct or default, the Court may make an order against any solicitor whom it considers to be responsible, whether personally or through a servant or agent,

    • (a) directing the solicitor personally pay the costs of a party to the proceeding; or

    • (b) disallowing the costs between the solicitor and the solicitor's client.

  • Marginal note:Show cause by solicitor

    (2) No order under subsection (1) shall be made against a solicitor unless the solicitor has been given an opportunity to be heard.

  • Marginal note:Notice to client

    (3) The Court may order that notice of an order against a solicitor made under subsection (1) be given to the solicitor's client in a manner specified by the Court.

Assessment of Costs

Marginal note:Assessment by assessment officer

 Costs shall be assessed by an assessment officer.

Marginal note:Obtaining appointment
  •  (1) A party who is entitled to costs may obtain a notice of appointment for assessment by filing a bill of costs, a copy of the order or other document giving rise to the party’s entitlement to costs and any reasons, including dissenting reasons, given in respect of that order.

  • Marginal note:Notice of appointment

    (2) A notice of appointment for assessment and the bill of costs to be assessed shall be served on every other interested party at least 10 days before the date fixed for the assessment.

  • SOR/2006-219, s. 15.
Marginal note:Assessment according to Tariff B

 Unless the Court orders otherwise, party-and-party costs shall be assessed in accordance with column III of the table to Tariff B.

Marginal note:Directions
  •  (1) An assessment officer may direct the production of books and documents and give directions for the conduct of an assessment.

  • Marginal note:Set-off of costs

    (2) Where parties are liable to pay costs to each other, an assessment officer may adjust those costs by way of set-off.

  • Marginal note:Costs of assessment

    (3) An assessment officer may assess and allow, or refuse to allow, the costs of an assessment to either party.

Marginal note:Factors in assessing costs

 In assessing costs, an assessment officer may consider the factors referred to in subsection 400(3).

Marginal note:Costs of amendment
  •  (1) Unless the Court orders otherwise, the costs occasioned by an amendment to a pleading made without leave shall be borne by the party making the amendment.

  • Marginal note:Costs of motion to extend time

    (2) Unless the Court orders otherwise, the costs of a motion for an extension of time shall be borne by the party bringing the motion.

Marginal note:Costs of abandoned motion

 The costs of a motion that is abandoned or deemed to be abandoned may be assessed on the filing of

  • (a) the notice of motion, together with an affidavit stating that the notice was not filed within the prescribed time or that the moving party did not appear at the hearing of the motion; or

  • (b) where a notice of abandonment was served, the notice of abandonment.

Marginal note:Costs of discontinued proceeding

 The costs of a proceeding that is discontinued may be assessed on the filing of the notice of discontinuance.

Marginal note:Accounts of solicitor for Crown
  •  (1) Where requested by the Attorney General of Canada, a prothonotary shall assess any costs payable by the Crown to a solicitor acting for the Crown in a proceeding.

  • Marginal note:Existing rights

    (2) Subsection (1) shall not be construed so as to prejudice any rights between a solicitor and a client in respect of the recovery of the solicitor's costs in any competent court.

Marginal note:Review of assessment

 A party who is dissatisfied with an assessment of an assessment officer who is not a judge may, within 10 days after the assessment, serve and file a notice of motion to request that a judge of the Federal Court review the award of costs.

  • SOR/2004-283, s. 33.

Security for Costs

Marginal note:Application

 Rules 416 to 418 apply, with such modifications as are necessary, to parties bringing and defending counterclaims and third party claims, to applicants and respondents in an application and to appellants and respondents in an appeal.

Marginal note:Where security available
  •  (1) Where, on the motion of a defendant, it appears to the Court that

    • (a) the plaintiff is ordinarily resident outside Canada,

    • (b) the plaintiff is a corporation, an unincorporated association or a nominal plaintiff and there is reason to believe that the plaintiff would have insufficient assets in Canada available to pay the costs of the defendant if ordered to do so,

    • (c) the plaintiff has not provided an address in the statement of claim, or has provided an incorrect address therein, and has not satisfied the Court that the omission or misstatement was made innocently and without intention to deceive,

    • (d) the plaintiff has changed address during the course of the proceeding with a view to evading the consequences of the litigation,

    • (e) the plaintiff has another proceeding for the same relief pending elsewhere,

    • (f) the defendant has an order against the plaintiff for costs in the same or another proceeding that remain unpaid in whole or in part,

    • (g) there is reason to believe that the action is frivolous and vexatious and the plaintiff would have insufficient assets in Canada available to pay the costs of the defendant, if ordered to do so, or

    • (h) an Act of Parliament entitles the defendant to security for costs,

    the Court may order the plaintiff to give security for the defendant's costs.

  • Marginal note:Staging

    (2) The Court may order that security for the costs of a defendant be given in stages, as costs are incurred.

  • Marginal note:Further steps

    (3) Unless the Court orders otherwise, until the security required by an order under subsection (1) or (2) has been given, the plaintiff may not take any further step in the action, other than an appeal from that order.

  • Marginal note:Party temporarily resident in Canada

    (4) A party ordinarily resident outside Canada may be ordered to give security for costs, notwithstanding that the party may be temporarily resident in Canada.

  • Marginal note:Voluntary payment into court

    (5) In the absence of an order under subsection (1), a plaintiff may, at any time after filing a statement of claim, pay an amount into court as security for the defendant's costs and give notice of the payment to the defendant.

  • Marginal note:Increase in security

    (6) The Court may, on the motion of a defendant, order a plaintiff who has paid an amount into court under subsection (5) to pay in an additional amount as security for the defendant's costs.

Marginal note:Grounds for refusing security

 The Court may refuse to order that security for costs be given under any of paragraphs 416(1)(a) to (g) if a plaintiff demonstrates impecuniosity and the Court is of the opinion that the case has merit.

Marginal note:How security to be given

 Where a person is required under these Rules or an Act of Parliament to give security for costs or for any other purpose, unless otherwise ordered by the Court or required by that Act, the person may do so

  • (a) by paying the required amount into court; or

  • (b) by filing a bond for the required amount that has been approved by an order of the Court.

Offer to Settle

Marginal note:Application to other proceedings

 Rules 420 and 421 apply, with such modifications as are necessary, to parties bringing and defending counterclaims and third party claims, to applicants and respondents in an application and to appellants and respondents in an appeal.

Marginal note:Consequences of failure to accept plaintiff’s offer
  •  (1) Unless otherwise ordered by the Court and subject to subsection (3), where a plaintiff makes a written offer to settle and obtains a judgment as favourable or more favourable than the terms of the offer to settle, the plaintiff is entitled to party-and-party costs to the date of service of the offer and costs calculated at double that rate, but not double disbursements, after that date.

  • Marginal note:Consequences of failure to accept defendant’s offer

    (2) Unless otherwise ordered by the Court and subject to subsection (3), where a defendant makes a written offer to settle,

    • (a) if the plaintiff obtains a judgment less favourable than the terms of the offer to settle, the plaintiff is entitled to party-and-party costs to the date of service of the offer and the defendant shall be entitled to costs calculated at double that rate, but not double disbursements, from that date to the date of judgment; or

    • (b) if the plaintiff fails to obtain judgment, the defendant is entitled to party-and-party costs to the date of the service of the offer and to costs calculated at double that rate, but not double disbursements, from that date to the date of judgment.

  • Marginal note:Conditions

    (3) Subsections (1) and (2) do not apply unless the offer to settle

    • (a) is made at least 14 days before the commencement of the hearing or trial; and

    • (b) is not withdrawn and does not expire before the commencement of the hearing or trial.

  • SOR/2005-340, s. 1.
Marginal note:Offers without costs
  •  (1) In circumstances where a written offer to settle does not provide for the settlement of the issue of costs, if a party requests the Court to consider rule 420, the Court, in ascertaining whether the judgment granted is more or less favourable than the offer to settle, shall not have regard to costs awarded in the judgment or that would otherwise be awarded.

  • Marginal note:Application to court

    (2) For greater certainty, if a written offer to settle that does not provide for the settlement of the issue of costs is accepted, a party to the offer may apply to the Court for an order determining costs.

  • SOR/2005-340, s. 1.
Marginal note:Offer to contribute

 Subsection 420(2) applies to a third party, or to one of two or more defendants who are alleged to be jointly and severally liable to the plaintiff in respect of a claim, who makes a written offer to other defendants or third parties to contribute toward a settlement of the claim.

Marginal note:Disclosure of offer to Court

 No communication respecting an offer to settle or offer to contribute shall be made to the Court, other than to a case management judge or prothonotary assigned under rule 383(c) or to a judge or prothonotary at a pre-trial conference, until all questions of liability and the relief to be granted, other than costs, have been determined.

PART 12ENFORCEMENT OF ORDERS

General

Marginal note:Where brought

 All matters relating to the enforcement of orders shall be brought before the Federal Court.

  • SOR/2004-283, s. 33.
Marginal note:Enforcement of order of tribunal
  •  (1) Where under an Act of Parliament the Court is authorized to enforce an order of a tribunal and no other procedure is required by or under that Act, the order may be enforced under this Part.

  • Marginal note:Filing of order

    (2) An order referred to in subsection (1) shall be filed together with a certificate from the tribunal, or an affidavit of a person authorized to file such an order, attesting to the authenticity of the order.

Marginal note:Enforcement of order for payment of money

 An order for the payment of money may be enforced by

  • (a) a writ of seizure and sale in Form 425A;

  • (b) garnishment proceedings;

  • (c) a charging order;

  • (d) the appointment of a receiver; and

  • (e) in respect of a person referred to in rule 429, a writ of sequestration in Form 425B.

Marginal note:Examination of judgment debtor

 A person who has obtained an order for the payment of money may conduct an oral examination of the judgment debtor or, if the judgment debtor is a body corporate, of an officer thereof, as to the assets of the judgment debtor.

Marginal note:Possession of land
  •  (1) An order for possession of real property or immoveables may be enforced by

    • (a) a writ of possession, in Form 427; and

    • (b) in respect of a person referred to in rule 429, an order of committal or a writ of sequestration, or both.

  • Marginal note:Limitation

    (2) A writ of possession shall be issued only if the Court is satisfied that every person in possession of the whole or any part of the real property or immoveables has received notice sufficient to enable the person to apply to the Court for any relief to which the person may be entitled.

Marginal note:Delivery of personal property and movables
  •  (1) An order for the delivery of personal property or movables that does not give the person against whom the order is made the alternative of paying an amount equal to the value of the personal property or movables may be enforced by

    • (a) a writ of delivery to recover the personal property or movables, in Form 428; and

    • (b) in respect of a person referred to in rule 429, an order of committal or a writ of sequestration, or both.

  • Marginal note:Delivery of personal property or movables or amount equal to value

    (2) An order for the delivery of personal property or movables or the payment of an amount equal to their value may be enforced by

    • (a) a writ of delivery to recover the personal property or movables or an amount equal to their value, in Form 428; and

    • (b) in respect of a person referred to in rule 429, a writ of sequestration.

Marginal note:Writ of sequestration and order of committal
  •  (1) Where a person who is required by an order to perform an act within a specified time refuses or neglects to do so within that time, or where a person disobeys an order to abstain from doing an act, the order may, with the leave of the Court, be enforced by

    • (a) a writ of sequestration against the property of the person;

    • (b) where the person is a corporation, a writ of sequestration against the property of any director or officer of the corporation; and

    • (c) subject to subsection (2), in respect of an order other than for payment of money, an order of committal against the person or, where the person is a body corporate, against any director or officer of the corporation.

  • Marginal note:Limitation

    (2) Where under an order requiring the delivery of personal property or movables a person who is liable to execution has the alternative of paying an amount equal to the value of the personal property or movables, the order shall not be enforced by an order of committal.

Marginal note:Personal service required

 Unless the Court orders otherwise, an order shall not be enforced against a person under rule 429 unless the order has been personally served on the person.

Marginal note:Performance by other person

 Where a person does not comply with an order to perform an act, without prejudice to the powers of the Court to punish the person for contempt, on motion, the Court may order that

  • (a) the required act be performed by the person by whom the order was obtained or by another person appointed by the Court; and

  • (b) the non-complying person pay the costs incurred in the performance of the act, ascertained in such a manner as the Court may direct, and that a writ of execution be issued against the non-complying person for those costs.

Marginal note:Non-performance of condition precedent

 Where a person who is entitled to relief under an order subject to the fulfilment of a condition fails to fulfil that condition, the person is deemed to have abandoned the benefit of the order and, unless the Court orders otherwise, any other interested person may take any step that is warranted by the order or that might have been taken if the order had not been made.

Writs of Execution

Marginal note:Requisition for writ of execution
  •  (1) Subject to subsection (2) and rules 434 and 435, a person entitled to execution may obtain a writ of execution by filing a requisition for its issuance.

  • Marginal note:When writ may be issued

    (2) A writ of execution shall be issued only if, at the time a requisition therefor is filed, any period specified in the order for the payment of money or for the doing of an act required under the order has expired.

  • Marginal note:Endorsement on writ

    (3) A writ of execution for the recovery of money shall be endorsed with a direction to the sheriff to levy

    • (a) the amount of money due and payable that is sought to be recovered;

    • (b) any interest thereon that is sought to be recovered, from the date of the order; and

    • (c) any sheriff's fees and costs of execution.

Marginal note:Limitation on issuance
  •  (1) A writ of execution to enforce an order shall not be issued without the leave of the Court if

    • (a) six or more years have elapsed since the date of the order;

    • (b) a change has taken place, by death or otherwise, in the persons entitled or liable to execution under the order;

    • (c) under the order a person is entitled to relief subject to the fulfilment of a condition that is alleged to have been fulfilled; or

    • (d) any personal property or movables sought to be seized under the writ are in the possession of a receiver appointed by the Court or of a sequestrator.

  • Marginal note:Period of validity of order

    (2) An order granting leave under subsection (1) expires one year after it is made.

Marginal note:Leave to issue writ in aid

 A writ of execution in aid of another writ of execution shall not be issued without the leave of the Court.

Marginal note:Ex parte motion for leave to issue writ

 A motion for leave to issue a writ of execution under subsection 434(1) or rule 435 may be made ex parte.

Marginal note:Period of validity of writ
  •  (1) A writ of execution is valid for six years after its date of issuance.

  • Marginal note:Extension of validity of writ

    (2) On motion, where a writ has not been wholly executed, the Court may, before the writ would otherwise expire, order that the validity of the writ, including a writ the validity of which has previously been extended, be extended for a further period of six years.

  • Marginal note:Conditions for execution of extended writ

    (3) Before execution of a writ the validity of which has been extended by an order under subsection (2),

    • (a) the writ shall be endorsed with a notice setting out the date on which the order was made; or

    • (b) the moving party shall serve a certified copy of the order on the sheriff to whom the writ is directed.

  • Marginal note:Effect of extended writ

    (4) A writ the validity of which has been extended under subsection (2) continues without interruption.

Marginal note:Advance or security required

 Before executing a writ of execution, a sheriff to whom the writ is directed may require the person at whose instance it was issued to make an advance, or to give security, sufficient to cover the costs of execution.

Marginal note:Notice to sheriff
  •  (1) A person at whose instance a writ of execution is issued may serve a notice on the sheriff to whom the writ is directed requiring the sheriff, within such time as may be specified in the notice, to endorse on the writ a statement of the manner in which the sheriff has executed it and to send a copy of the statement to the person.

  • Marginal note:Order to sheriff to comply

    (2) Where a sheriff fails to comply with a notice served under subsection (1), the person by whom it was served may apply to the Court for an order directing the sheriff to comply with the notice.

  • Marginal note:Directions from Court

    (3) A person at whose instance a writ of execution is issued or a sheriff may seek directions from the Court concerning any issue not addressed by these Rules that arises from the enforcement of an order.

  • SOR/2013-18, s. 15.
Marginal note:Multiple writs for single order

 Writs of execution of different types may be issued to enforce a single order, where the terms of the order so require.

Marginal note:Leave to issue writ of sequestration
  •  (1) No writ of sequestration shall be issued without leave of a judge.

  • Marginal note:Personal service of notice

    (2) Notice of a motion for leave to issue a writ of sequestration shall be personally served on the person against whose property it is sought to issue the writ.

Marginal note:Multiple writs of seizure and sale
  •  (1) A person who is entitled to enforce an order by a writ of seizure and sale may request the issuance of two or more such writs directed to the sheriffs of different geographical areas, either at the same time or at different times, to enforce the order, but no greater total amount shall be levied under all such writs than would be authorized to be levied under a single writ.

  • Marginal note:Different geographical areas

    (2) Where a person requests the issuance of two or more writs of seizure and sale directed to sheriffs of different geographical areas to enforce the same order, the person shall inform each sheriff of the issuance of the other writ or writs.

Marginal note:Second writ where sum unascertained

 Where the payment of an ascertained sum of money and an unascertained sum of money or costs is ordered, if, at the time when the ascertained sum becomes payable, the unascertained sum or costs have not been assessed, the person who is entitled to enforce the order may request the issuance of a writ of seizure and sale to enforce payment of the ascertained sum and, after the unascertained sum or costs have been assessed, may request the issuance of a second writ to enforce payment thereof.

Marginal note:Order under $200

 Where an order for payment of less than $200 does not entitle the plaintiff to costs against the person against whom a writ of seizure and sale to enforce the order is issued, the writ may not authorize the sheriff to whom it is directed to levy any fees or costs of execution.

Marginal note:Sale of interest in property

 Any interest of a judgment debtor in property may be sold under a writ of seizure and sale.

Marginal note:Sale of real property or immoveables

 Real property or immoveables shall not be sold under a writ of seizure and sale within a shorter period than that provided for by the laws of the province in which the real property or immoveables are situated or any longer period ordered by the Court.

Marginal note:Property bound by writ

 Property is bound for the purpose of execution of an order as of the date of the delivery to the sheriff of a writ of seizure and sale.

Marginal note:Laws of province apply

 In seizing, advertising for sale or selling property, a sheriff shall, except as otherwise provided in the writ or in these Rules, follow the laws applicable to the execution of similar writs issued by a superior court of the province in which the property was seized.

Garnishment Proceedings

Marginal note:Garnishment
  •  (1) Subject to rules 452 and 456, on the ex parte motion of a judgment creditor, the Court may order

    • (a) that

      • (i) a debt owing or accruing from a person in Canada to a judgment debtor, or

      • (ii) a debt owing or accruing from a person outside Canada to a judgment debtor, where the debt is one for which the person might be sued in Canada by the judgment debtor,

      be attached to answer the judgment debt; and

    • (b) that the person attend, at a specified time and place, to show cause why the person should not pay to the judgment creditor the debt or any lesser amount sufficient to satisfy the judgment.

  • Marginal note:Service of show cause order

    (2) An order to show cause made under subsection (1) shall be served, at least seven days before the time appointed for showing cause,

    • (a) on the garnishee personally; and

    • (b) unless the Court directs otherwise, on the judgment debtor.

  • Marginal note:Debts bound as of time of service

    (3) Subject to rule 452, an order under subsection (1) binds the debts attached as of the time of service of the order.

Marginal note:Payment into court by garnishee

 A garnishee may admit liability and pay into court a debt due to a judgment debtor, or as much thereof as is sufficient to satisfy the judgment, notice of which shall be given to the judgment creditor.

Marginal note:Garnishment order
  •  (1) Where a garnishee has not made a payment into court under rule 450 and does not dispute the debt claimed to be due to the judgment debtor, or does not appear pursuant to a show cause order made under subsection 449(1), on motion, the Court may make an order for payment to the judgment creditor or payment into court of the debt.

  • Marginal note:Order for future payment

    (2) Where a debt owed to a judgment debtor is not payable at the time an order is sought under subsection 449(1), an order may be made for payment of the debt to the judgment creditor under subsection (1) as at the time the debt becomes payable.

  • Marginal note:Enforcement of garnishment order

    (3) An order under subsection (1) may be enforced in the same manner as any other order for the payment of money.

Marginal note:Exemption from seizure

 Where a debt due or accruing to a judgment debtor is in respect of wages or salary, no portion thereof that is exempt from seizure or attachment under the law of the province where the debt is payable shall be attached under an order made under rule 449.

Marginal note:Summary determination of liability

 Where a garnishee disputes liability to pay a debt claimed to be due or accruing to the judgment debtor, the Court may summarily determine any question of liability of the garnishee or order that it be determined in such a manner as the Court may direct.

Marginal note:Discharge of liability

 A payment made under rule 450 by a garnishee or in compliance with an order under rule 449, and any execution levied against a garnishee under such an order, constitutes a valid discharge of the garnishee's liability to the judgment debtor to the extent of the amount paid or levied, notwithstanding that the attachment is later set aside or that the order from which it arose is later reversed.

Marginal note:Order for other person to attend
  •  (1) If, on a motion under rule 449, it is brought to the notice of the Court that a person other than the judgment debtor has or claims to have an interest in the debt sought to be attached, the Court may order the person to attend before the Court and state the nature of his or her interest.

  • Marginal note:Determination of validity of claim

    (2) After hearing a person who attends before the Court under an order made under subsection (1), the Court may summarily determine the questions at issue between the claimants or order that it be determined in such a manner as the Court may direct.

  • SOR/2005-340, s. 2.
Marginal note:Payment of money in court
  •  (1) Where money is standing to the credit of a judgment debtor in court, the judgment creditor shall not bring a motion under rule 449 in respect of the money, but may bring a motion for an order that the money, or a lesser amount sufficient to satisfy the order sought to be enforced and the costs of the motion, be paid to the judgment creditor.

  • Marginal note:Limitation

    (2) Money to which a motion under subsection (1) relates shall not be paid out of court until after the determination of the motion.

  • Marginal note:Service of notice of motion

    (3) Unless the Court directs otherwise, notice of a motion under subsection (1) shall be served on the judgment debtor and filed at least seven days before the day fixed for the hearing of the motion.

Marginal note:Costs of motion

 The costs of a motion under rule 449 or 456 and of any related proceedings shall, unless the Court directs otherwise, be retained by the judgment creditor out of the money recovered under the order and in priority to the judgment debt.

Charging Orders

Marginal note:Order for interim charge and show cause
  •  (1) On the ex parte motion of a judgment creditor, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money,

    • (a) make an order imposing an interim charge for securing payment of that sum and any interest thereon

      • (i) on real property or immoveables, or on an interest in real property or immoveables, of a judgment debtor, in Form 458A, or

      • (ii) on any interest to which the judgment debtor is beneficially entitled in any shares, bonds or other securities specified in the order, in Form 458B; and

    • (b) order the judgment debtor to show cause, at a specified time and place, why the charge should not be made absolute.

  • Marginal note:Service of show cause order

    (2) Unless the Court directs otherwise, an order made under subsection (1) shall be served on the judgment debtor and, where the order relates to property referred to in subparagraph (1)(a)(ii), on the corporation, government or other person or entity by whom the securities were issued, at least seven days before the time appointed for the hearing.

Marginal note:Show cause hearing
  •  (1) At a show cause hearing referred to in paragraph 458(1)(b), the Court shall make the interim charge absolute, in Form 459, or discharge it.

  • Marginal note:Enforcement of charging order

    (2) A charge made absolute has the same effect, and is enforceable in the same manner, as a charge made by the judgment debtor.

Marginal note:Disposition by judgment debtor

 No disposition by a judgment debtor of an interest in property subject to an interim or absolute charge under rule 458 or 459 is valid against the judgment creditor.

Marginal note:Transfer of securities prohibited
  •  (1) Unless the Court orders otherwise, no person or entity on whom an order was served under subsection 458(2) shall permit the transfer of any security specified in the order or pay to any person a dividend or any interest payable thereon.

  • Marginal note:Liability of transferor

    (2) If, after service of an order under rule 458, a person or entity on whom it was served makes a transfer or payment prohibited by subsection (1), the person or entity shall be liable to pay to the judgment creditor an amount equal to the value of the security transferred or the amount of the payment made, as the case may be, or as much of it as is sufficient to satisfy the judgment debt.

Marginal note:Discharge or variance of charging order

 The Court may, on the motion of a judgment debtor or any other person with an interest in property subject to an interim or absolute charge under rule 458 or 459, at any time, discharge or vary the charging order on such terms as to costs as it considers just.

Marginal note:Charge on interest in money paid into court
  •  (1) On motion, the Court may, for the purpose of enforcing an order for the payment of an ascertained sum of money, by order, impose a charge for securing payment of the amount due under the order, and of any interest thereon, on any interest to which the judgment debtor is beneficially entitled in any money paid into court that is identified in the order.

  • Marginal note:Application of rules re other charging orders

    (2) Subsection 458(1) and rules 460 and 462 apply, with such modifications as are necessary, to an order made under this rule.

Marginal note:Ancillary or incidental injunction

 On motion, a judge may grant an injunction ancillary or incidental to a charging order under rule 458 or appoint a receiver to enforce a charge imposed by such an order.

Marginal note:Order prohibiting dealing with funds
  •  (1) The Court, on the motion of a person

    • (a) who has a mortgage or charge on the interest of another person in money paid into court,

    • (b) to whom such an interest has been assigned, or

    • (c) who is a judgment creditor of a person entitled to such an interest,

    may make an order prohibiting the transfer, delivery, payment or other dealing with all or any part of the money, or any income thereon, without prior notice to the moving party.

  • Marginal note:Service of notice of motion

    (2) Notice of a motion under subsection (1) shall be served on every person whose interest may be affected by the order sought.

  • Marginal note:Costs

    (3) On a motion under subsection (1), the Court may order the moving party to pay the costs of any party or of any other person interested in the money in question.

Contempt Orders

Marginal note:Contempt

 Subject to rule 467, a person is guilty of contempt of Court who

  • (a) at a hearing fails to maintain a respectful attitude, remain silent or refrain from showing approval or disapproval of the proceeding;

  • (b) disobeys a process or order of the Court;

  • (c) acts in such a way as to interfere with the orderly administration of justice, or to impair the authority or dignity of the Court;

  • (d) is an officer of the Court and fails to perform his or her duty; or

  • (e) is a sheriff or bailiff and does not execute a writ forthwith or does not make a return thereof or, in executing it, infringes a rule the contravention of which renders the sheriff or bailiff liable to a penalty.

Marginal note:Right to a hearing
  •  (1) Subject to rule 468, before a person may be found in contempt of Court, the person alleged to be in contempt shall be served with an order, made on the motion of a person who has an interest in the proceeding or at the Court's own initiative, requiring the person alleged to be in contempt

    • (a) to appear before a judge at a time and place stipulated in the order;

    • (b) to be prepared to hear proof of the act with which the person is charged, which shall be described in the order with sufficient particularity to enable the person to know the nature of the case against the person; and

    • (c) to be prepared to present any defence that the person may have.

  • Marginal note:Ex parte motion

    (2) A motion for an order under subsection (1) may be made ex parte.

  • Marginal note:Burden of proof

    (3) An order may be made under subsection (1) if the Court is satisfied that there is a prima facie case that contempt has been committed.

  • Marginal note:Service of contempt order

    (4) An order under subsection (1) shall be personally served, together with any supporting documents, unless otherwise ordered by the Court.

Marginal note:Contempt in presence of a judge

 In a case of urgency, a person may be found in contempt of Court for an act committed in the presence of a judge and condemned at once, if the person has been called on to justify his or her behaviour.

Marginal note:Burden of proof

 A finding of contempt shall be based on proof beyond a reasonable doubt.

Marginal note:Evidence to be oral
  •  (1) Unless the Court directs otherwise, evidence on a motion for a contempt order, other than an order under subsection 467(1), shall be oral.

  • Marginal note:Testimony not compellable

    (2) A person alleged to be in contempt may not be compelled to testify.

Marginal note:Assistance of Attorney General

 Where the Court considers it necessary, it may request the assistance of the Attorney General of Canada in relation to any proceedings for contempt.

Marginal note:Penalty

 Where a person is found to be in contempt, a judge may order that

  • (a) the person be imprisoned for a period of less than five years or until the person complies with the order;

  • (b) the person be imprisoned for a period of less than five years if the person fails to comply with the order;

  • (c) the person pay a fine;

  • (d) the person do or refrain from doing any act;

  • (e) in respect of a person referred to in rule 429, the person's property be sequestered; and

  • (f) the person pay costs.

Process of the Court

Marginal note:To whom process may be issued
  •  (1) Where there is no sheriff or a sheriff is unable or unwilling to act, a process, including a warrant for arrest of property under rule 481, may be issued to any person to whom a process of a superior court of the province in which the process is to be executed could be issued.

  • Marginal note:Execution of process

    (2) Where a process is issued to a sheriff, it may, at the sheriff's direction, be executed by a person authorized under provincial law to execute the process of a superior court of the province in which the process is to be executed.

Marginal note:Certificate of judgment
  •  (1) Where an order made against the Crown for the payment of money for costs or otherwise is executory and

    • (a) where no appeal of the order has been instituted, the time allowed by law for an appeal from the order has expired, or

    • (b) where there has been an appeal from the order, the order has been affirmed or varied on appeal,

    the Administrator shall issue a certificate of judgment accordingly.

  • Marginal note:Delivery of certificate

    (2) A certificate issued under subsection (1) shall be transmitted by the Administrator to the office of the Deputy Attorney General of Canada.

PART 13ADMIRALTY ACTIONS

Application of this Part

Marginal note:Application
  •  (1) This Part applies to Admiralty actions.

  • Marginal note:Application of other rules

    (2) Except to the extent that they are inconsistent with this Part, the rules applicable to other actions apply to Admiralty actions.

Definitions

Definition of “designated officer”

 In this Part, “designated officer” means an officer of the Registry designated by an order of the Court.

Actions In Rem and In Personam

Marginal note:Types of admiralty actions
  •  (1) Admiralty actions may be in rem or in personam, or both.

  • Marginal note:Style of cause of action in rem

    (2) The style of cause of an action in rem shall be in Form 477.

  • Marginal note:Style of cause of action in personam

    (3) The style of cause of an action in personam shall be as provided for in subsection 67(2).

  • Marginal note:Defendants in action in rem

    (4) In an action in rem, a plaintiff shall include as a defendant the owners and all others interested in the subject-matter of the action.

Marginal note:Action against more than one ship

 In an action against more than one ship in accordance with subsection 43(8) of the Act, each ship shall be named as a defendant in the statement of claim.

Marginal note:Service of statement of claim
  •  (1) Subject to subsection (2), the statement of claim in an action in rem shall be served

    • (a) in respect of a ship or cargo or other property on board a ship, by attaching a certified copy of the statement of claim to some conspicuous part of the ship;

    • (b) in respect of cargo or other property that is not on board a ship, by attaching a certified copy of the statement of claim to the cargo or property;

    • (c) in respect of freight,

      • (i) if the cargo in respect of which the freight is owing is on board a ship, by attaching a certified copy of the statement of claim to a conspicuous part of the ship,

      • (ii) if the cargo in respect of which the freight is owing is not on board a ship, by attaching a certified copy of the statement of claim to the cargo, or

      • (iii) if monies payable for the freight are in the possession of a person, by personal service of the statement of claim on that person; and

    • (d) in respect of any proceeds paid into court in another proceeding, by filing a certified copy of the statement of claim in that proceeding.

  • Marginal note:Alternate service of statement of claim

    (2) If access cannot be obtained to property in respect of which a statement of claim is to be served under subsection (1), the statement of claim may be served personally on a person who appears to be in charge of the property.

Marginal note:Defence of action in rem
  •  (1) An action in rem against a ship or other thing named as a defendant in the action may be defended only by a person who claims to be the owner of the ship or thing or to be otherwise interested therein.

  • Marginal note:Interest to be pleaded

    (2) A defence filed by a person referred to in subsection (1) shall disclose the interest that the person claims in the ship or thing.

Arrest of Property

Marginal note:Warrant for the arrest of property
  •  (1) A designated officer may issue a warrant for the arrest of property in an action in rem, in Form 481, at any time after the filing of a statement of claim.

  • Marginal note:Affidavit

    (2) A party seeking a warrant under subsection (1) shall file an affidavit, entitled "Affidavit to Lead Warrant", stating

    • (a) the name, address and occupation of the party;

    • (b) the nature of the claim and the basis for invoking the in rem jurisdiction of the Court;

    • (c) that the claim has not been satisfied;

    • (d) the nature of the property to be arrested and, where the property is a ship, the name and nationality of the ship and the port to which it belongs; and

    • (e) where, pursuant to subsection 43(8) of the Act, the warrant is sought against a ship that is not the subject of the action, that the deponent has reasonable grounds to believe that the ship against which the warrant is sought is beneficially owned by the person who is the owner of the ship that is the subject of the action.

Marginal note:Service
  •  (1) A warrant issued under subsection 481(1), the Affidavit to Lead Warrant and the statement of claim in the action shall be served together by a sheriff in the manner set out in rule 479, whereupon the property subject to the warrant is deemed to be arrested.

  • Marginal note:Proof of service

    (2) Proof of service of the documents referred to in subsection (1) shall be filed forthwith after the documents are served.

Marginal note:Possession and responsibility
  •  (1) Subject to subsection (2), possession of, and responsibility for, property arrested under subsection 482(1) does not vest in the sheriff but continues in the person in possession of the property immediately before the arrest.

  • Marginal note:Order for possession of arrested property

    (2) The Court may order a sheriff to take possession of arrested property on condition that a party assume responsibility for any costs or fees incurred or payable in carrying out the order and give security satisfactory to the Court for the payment thereof.

Marginal note:Prohibition against moving arrested property

 No property arrested under a warrant shall be moved without leave of the Court or the consent of all parties and caveators.

Bail

Marginal note:Release of arrested property

 On motion, the Court may fix the amount of bail to be given for the release of arrested property.

Marginal note:Form of bail
  •  (1) Unless the parties agree otherwise, bail shall consist of

    • (a) the guaranty of a bank;

    • (b) the bond of a surety company licensed to do business in Canada or to furnish security bonds in the part of Canada where the bond is executed, in Form 486A; or

    • (c) a bail bond in Form 486A.

  • Marginal note:Notice of bail

    (2) A party who intends to give bail in the form of a bond referred to in paragraph (1)(b) or (c) shall serve and file a notice of bail, in Form 486B, at least 24 hours before filing the bond.

  • Marginal note:Notice of objection to bail

    (3) An adverse party or caveator who is not satisfied with the sufficiency of a bond set out in a notice of bail shall serve and file a notice of objection in Form 486C.

  • Marginal note:Sufficiency of bail bond

    (4) Any question as to the form of bail or the sufficiency of a surety may be determined by a designated officer or referred by that officer to the Court.

Release from Arrest

Marginal note:Release of arrested property
  •  (1) Unless a caveat has been filed under subsection 493(2), a designated officer may issue a release of arrested property in Form 487

    • (a) on payment into court of

      • (i) the amount claimed,

      • (ii) the appraised value of the property arrested, or

      • (iii) where cargo is arrested for freight only, the amount of the freight, verified by affidavit;

    • (b) if bail has been given in an amount fixed under rule 485 and in accordance with subsections 486(1) and (2) and no objection under subsection 486(3) is outstanding;

    • (c) on the consent in writing of the party at whose instance the property was arrested; or

    • (d) on the discontinuance or dismissal of the action in respect of which the property was arrested.

  • Marginal note:Referral to judge or prothonotary

    (2) Where a release is sought under subsection (1), a designated officer may refer the matter to a judge or prothonotary.

Marginal note:Release at any time
  •  (1) On motion, the Court may, at any time, order the release of arrested property.

  • Marginal note:Release of ship

    (2) Where, pursuant to subsection 43(8) of the Act, a ship that is not the subject of an action has been arrested, any owner or other person interested in the ship may bring a motion to the Court for the release of the ship, and if it is found that the ship is not beneficially owned by the person who is the owner of the ship that is the subject of the action, the Court shall order its release without the taking of bail.

  • Marginal note:Release of ship without bail

    (3) Where on a motion under subsection (2) the Court is satisfied that the action in which the ship has been arrested is for a claim referred to in any of paragraphs 22(2)(a) to (c) of the Act, the Court may order the release of the ship without the taking of bail.

Marginal note:Release from arrest

 Property shall be released from arrest on service of a release on the sheriff and payment of all fees and costs of the sheriff in respect of the arrest or custody of the property.

Sale of Arrested Property

Marginal note:Disposition of arrested property
  •  (1) On motion, the Court may order, in respect of property under arrest, that

    • (a) the property be appraised and sold, or sold without appraisal, by public auction or private contract;

    • (b) the property be advertised for sale in accordance with such directions as may be set out in the order, which may include a direction that

      • (i) offers to purchase be under seal and addressed to the sheriff,

      • (ii) offers to purchase all be opened at the same time in open court, that the parties be notified of that time and that the sale be made pursuant to an order of the Court made at that time or after the parties have had an opportunity to be heard,

      • (iii) the sale not necessarily be to the highest or any other bidder, or

      • (iv) after the opening of the offers and after hearing from the parties, if it is doubtful that a fair price has been offered, the amount of the highest offer be communicated to the other persons who made offers or to some other class of persons or that other steps be taken to obtain a higher offer;

    • (c) the property be sold without advertisement;

    • (d) an agent be employed to sell the property, subject to such conditions as are stipulated in the order or subject to subsequent approval by the Court, on such terms as to compensation of the agent as may be stipulated in the order;

    • (e) any steps be taken for the safety and preservation of the property;

    • (f) where the property is deteriorating in value, it be sold forthwith;

    • (g) where the property is on board a ship, it be removed or discharged;

    • (h) where the property is perishable, it be disposed of on such terms as the Court may order; or

    • (i) the property be inspected in accordance with rule 249.

  • Marginal note:Commission

    (2) The appraisal or sale of property under arrest shall be effected under the authority of a commission addressed to the sheriff in Form 490.

  • Marginal note:Sale free from liens

    (3) Property sold under subsection (1) is free of any liens under Canadian maritime law.

  • Marginal note:Execution of commission

    (4) As soon as possible after the execution of a commission referred to in subsection (2), the sheriff shall

    • (a) file the commission with a return setting out the manner in which it was executed;

    • (b) pay into court the proceeds of the sale; and

    • (c) file the sheriff's accounts and vouchers in support thereof.

  • Marginal note:Sheriff's accounts

    (5) An assessment officer shall assess the sheriff's accounts and report the amount that the assessment officer considers should be allowed.

  • Marginal note:Assessment

    (6) Any party or caveator who is interested in the proceeds of sale referred to in subsection (4) may be heard on an assessment under subsection (5).

  • Marginal note:Review of assessment

    (7) On motion, the Court may review an assessment done under subsection (5).

Marginal note:Payment out of money paid into court

 On a motion for payment out of any money paid into court under subsection 490(4), the Court may

  • (a) determine the rights of all claimants thereto;

  • (b) order payment of all or part of the money to any claimant; and

  • (c) order immediate payment of any fees or costs of the sheriff in connection with the arrest, custody, appraisal or sale of property, including expenses incurred in maintaining the property between the time of arrest and the sale of the property.

Marginal note:Directions
  •  (1) The Court may, in making an order under rule 490 or 491 or at any time thereafter, give directions as to

    • (a) notice to be given to possible claimants to the proceeds of sale;

    • (b) advertising for other such claimants;

    • (c) the time within which claimants must file their claims; and

    • (d) the procedure to be followed in determining the rights of the parties.

  • Marginal note:Claims barred

    (2) A claim that is not made within the time limited and in the manner prescribed by an order of the Court under subsection (1) is barred, and the Court may proceed to determine other claims and distribute the money among the parties entitled thereto without reference to any claim so barred.

Caveats

Marginal note:Caveat warrant
  •  (1) A person who desires to prevent the arrest of property shall serve and file a caveat warrant in Form 493A undertaking to give, within three days after being required to do so, bail in respect of any action that has been, or may be, brought against the property.

  • Marginal note:Caveat release

    (2) A person who desires to prevent the release of any property under arrest shall serve and file a caveat release in Form 493B.

  • Marginal note:Caveat payment

    (3) A person who desires to prevent the payment of money out of court shall serve and file a caveat payment in Form 493C.

  • Marginal note:Service of caveat

    (4) A caveat under subsection (1), (2) or (3) shall be served on all parties and caveators.

  • Marginal note:Caveat by non-party

    (5) Where a person filing a caveat under this rule is not a party to the action, the caveat shall state the person's name and provide an address for service.

Marginal note:Liability of person requesting warrant
  •  (1) A person at whose instance a warrant is issued for the arrest of property in respect of which there is a caveat warrant outstanding is liable to payment of all resulting costs and damages, unless the person can satisfy the Court that the person should not be liable therefor.

  • Marginal note:Liability of party requesting caveat

    (2) A person who files a caveat release or caveat payment is liable to payment of all resulting costs and damages, unless the person can satisfy the Court that the person should not be liable therefor.

Marginal note:Expiration of caveat
  •  (1) A caveat expires one year after the day on which it was filed.

  • Marginal note:Filing of new caveat

    (2) A new caveat may be served and filed before or after the expiration of an existing caveat.

  • Marginal note:Withdrawal of caveat

    (3) A person who has filed a caveat may withdraw it at any time by filing a notice in Form 495.

  • Marginal note:Setting aside of caveat

    (4) On motion, the Court may order that a caveat be set aside.

Limitation of Liability

Marginal note:Application under s 33(1) of the Marine Liability Act
  •  (1) A party bringing an application under subsection 33(1) of the Marine Liability Act shall bring it as an action against those claimants whose identity is known to the party.

  • Marginal note:Motion for directions re service

    (2) A party referred to in subsection (1) may bring an ex parte motion for directions respecting service on possible claimants where the number of possible claimants is large or the identity of all possible claimants is unknown to the party.

  • SOR/2004-283, s. 37.
Marginal note:Motion to vary or add

 A claimant who did not have notice of an action under subsection 496(1) may, within 10 days after obtaining notice of an order made under subsection 496(2), serve and file a notice of motion requesting to be added as a party to the action.

Actions for Collision

Marginal note:Action for collision between ships
  •  (1) Unless otherwise ordered by the Court, in an action in respect of a collision between ships,

    • (a) the statement of claim need not contain any more particulars concerning the collision than are necessary to identify it to the other parties;

    • (b) the statement of defence need not contain any particulars concerning the collision;

    • (c) a preliminary act shall accompany a statement of claim and a statement of defence or be filed within 10 days after the filing of the statement of claim or the statement of defence, as the case may be; and

    • (d) a preliminary act shall be contained in a sealed envelope bearing the style of cause.

  • Marginal note:Preliminary act

    (2) A preliminary act shall state

    • (a) the date of the collision;

    • (b) the time of the collision at the location of the collision;

    • (c) the location of the collision;

    • (d) the names of the ships that collided;

    • (e) in respect of the ship of the party filing the preliminary act,

      • (i) the name of the ship,

      • (ii) the port of registry of the ship,

      • (iii) the name of the master of the ship at time of the collision,

      • (iv) the name and address of the person who was in command at the time of the collision and during the period immediately before the collision,

      • (v) the names and addresses of any persons keeping lookout at the time of the collision and during the period immediately before the collision,

      • (vi) the course of the ship or, if the ship was stationary, its heading, at the time when the other ship was first seen or immediately before any measures were taken with reference to the other ship's presence, whichever was the earlier,

      • (vii) the speed of the ship through the water at the time when the other ship was first seen or immediately before any measures were taken with reference to the other ship's presence, whichever was the earlier,

      • (viii) any alteration made to course after the time referred to in subparagraph (vi) or during the period immediately before the collision, and the time at which the alteration was made,

      • (ix) any alteration made to the speed of the ship after the time referred to in subparagraph (vii) or during the period immediately before the collision, and the time at which the alteration was made,

      • (x) any measure taken to avoid the collision, and the time at which the measure was taken,

      • (xi) any sound or visual signals given, and the time at which the signals were given, and

      • (xii) the lights carried by the ship and the lights it was showing at the time of the collision and during the period immediately before the collision;

    • (f) in respect of every other ship involved in the collision,

      • (i) the name of the ship,

      • (ii) the ship's distance and bearing at the time when its echo was first observed by radar by a person on the ship of the party filing the preliminary act,

      • (iii) the ship's distance, bearing and approximate heading when it was first seen by a person on the ship of the party filing the preliminary act,

      • (iv) the lights the ship was showing when it was first seen by a person on the ship of the party filing the preliminary act,

      • (v) the lights the ship was showing from the time referred to in subparagraph (iv) to the time of the collision,

      • (vi) any alteration made to the ship's course after it was first seen by a person on the ship of the party filing the preliminary act, and the time at which the alteration was made,

      • (vii) any alteration made to the ship's speed after it was first seen by a person on the ship of the party filing the preliminary act, and the time at which the alteration was made,

      • (viii) any measure that the ship took to avoid the collision, and the time at which the measure was taken,

      • (ix) any sound or visual signals given, and the time at which the signals were given, and

      • (x) any fault or default attributed to the ship;

    • (g) the state of the weather at the time of the collision and during the period immediately before the collision;

    • (h) the extent of visibility at the time of the collision and during the period immediately before the collision;

    • (i) the state, direction and force of the tide, or of the current if the collision occurred in non-tidal waters, at the time of the collision and during the period immediately before the collision;

    • (j) the direction and force of the wind at the time of the collision and during the period immediately before the collision;

    • (k) the parts of each ship that first came into contact; and

    • (l) the approximate angle, as illustrated by an appropriate sketch annexed to the preliminary act, between the ships at the moment of contact.

  • Marginal note:Form of preliminary act

    (3) The contents of a preliminary act shall be set out in parallel columns and, wherever possible, stated in numerical values.

  • Marginal note:Opening of envelopes containing preliminary acts

    (4) The Administrator shall open the envelopes containing the preliminary acts after the pleadings have been closed and all preliminary acts have been filed or, with the consent of all parties, at any other time.

  • Marginal note:Order to open envelopes containing preliminary acts

    (5) The Court may, on motion brought after all preliminary acts have been filed but before pleadings have been closed, order that the Administrator open the envelopes containing the preliminary acts.

  • Marginal note:Endorsement of preliminary act

    (6) On the opening of an envelope containing a preliminary act, the Administrator shall endorse the preliminary act with the date on which it was filed, the date on which the envelope was opened and the date on which any order was made, or consent filed, pursuant to which the envelope was opened.

  • Marginal note:Deemed part of statement of claim or defence

    (7) A preliminary act shall be read with and form a part of the statement of claim or statement of defence, as the case may be, as though it were a schedule thereto.

Marginal note:Security not required

 Notwithstanding rule 416, a seaman suing for wages or for the loss of clothing and effects in a collision shall not be ordered to give security for costs.

Marginal note:Examination for discovery of plaintiff

 Notwithstanding subsection 236(2), in an action in respect of a collision between ships, a defendant may examine the plaintiff for discovery only after filing a statement of defence and preliminary act.

PART 14TRANSITIONAL, REPEAL AND COMING INTO FORCE

Transitional

Marginal note:Ongoing proceedings
  •  (1) Subject to subsection (2), these Rules apply to all proceedings, including further steps taken in proceedings that were commenced before the coming into force of these Rules.

  • Marginal note:Order for exceptions

    (2) The Chief Justice of the Federal Court of Appeal or the Federal Court, as the case may be, may, by order, direct that rule 380 shall not apply to certain proceedings or classes of proceedings before their court that are pending on the coming into force of these Rules until a date or dates set out in the order.

  • SOR/2004-283, s. 24.
Marginal note:Officers of the Court continued
  •  (1) Every officer of the Court appointed under the Federal Court Rules prior to the coming into force of these Rules shall continue to act as if appointed under these Rules, until the appointment is revoked or another person is appointed in that officer's place.

  • Marginal note:Taxing officers continued as assessment officers

    (2) For the purposes of subsection (1), a reference in these Rules to an assessment officer shall be construed as a reference to a taxing officer appointed under the Federal Court Rules prior to the coming into force of these Rules.

 [Repealed, SOR/2004-283, s. 25]

Coming Into Force

Marginal note:Coming into force

 These Rules come into force on April 25, 1998.

FORM 18Rule 18REQUISITION — GENERAL(General Heading — Use Form 66)REQUISITION

TO THE ADMINISTRATOR

I REQUIRE (Choose appropriate option(s) and include all particulars necessary for the Administrator to act. Where what is sought is authorized by an order, refer to the order and attach a copy. Where an affidavit or other document must be filed with the requisition, refer to it and attach it.)

  • ☐ A certified copy of

    (identify document by nature and date)

  • ☐ A subpoena on behalf of

    (identify party on whose behalf subpoena is sought)

  • ☐ Other (describe)

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

FORM 41Rule 41SUBPEONA(General Heading — Use Form 66)

(Court Seal)

SUBPEONA

To: (Name and address of witness)

YOU ARE REQUIRED TO ATTEND TO GIVE EVIDENCE IN COURT at the hearing of this proceeding on (day), (date) at (time), at (place), and to remain until your attendance is no longer required.

YOU ARE REQUIRED TO BRING WITH YOU and produce at the hearing the following documents and things: (Set out the nature and date of each document and the nature of thing and give particulars sufficient to identify each one.)

ATTENDANCE MONEY for (number of days) day(s) of attendance is served with this subpoena, calculated in accordance with Tariff A of the Federal Courts Rules, as follows:

Attendance allowance of $ daily $

Transportation allowance $

Overnight accommodations and meal allowance $

TOTAL $

If further attendance is required, you will be entitled to additional money.

IF YOU FAIL TO ATTEND OR REMAIN IN ATTENDANCE AS REQUIRED BY THIS SUBPOENA, A WARRANT MAY BE ISSUED FOR YOUR ARREST.

(Date)

Issued by: (Registry Officer)

Address of local office:

This subpoena was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party)

  • SOR/2004-283, s. 35.

FORM 45Rule 45ORDER FOR ATTENDANCE OF PERSON IN CUSTODY

(Court File No.)

(General Heading — Use Form 66)

ORDER FOR ATTENDANCE OF PERSON IN CUSTODY

TO THE OFFICERS OF (name of penitentiary, correctional institution, etc.)

AND TO ALL POLICE OFFICERS:

WHEREAS it appears that the attendance of (name), who is detained in custody, is necessary to this proceeding,

THIS COURT ORDERS that (name) be brought before this court on (day), (date), at (time), at (place), and that the said (name) be returned and readmitted immediately thereafter to the correctional institution or other facility from which the said (name) was brought.

Signature of Judge or Prothonotary

FORM 46Rule 46WARRANT FOR ARREST (DEFAULTING WITNESS)(General Heading — Use Form 66)WARRANT FOR ARREST

TO ALL POLICE OFFICERS

AND TO OFFICERS OF ALL CORRECTIONAL INSTITUTIONS IN CANADA:

WHEREAS the witness (name), of (address), was served with a subpoena to give evidence at the hearing of this proceeding, and the proper attendance money was paid or tendered,

AND WHEREAS the witness failed to obey the summons, and I am satisfied that the evidence of the witness is material to this proceeding.

YOU ARE ORDERED TO ARREST and bring the witness (name) before this Court to give evidence in this proceeding, and if the Court is not then sitting or if the witness cannot be brought before the Court, to deliver him or her to a correctional institution or other secure facility to be admitted and detained there until the witness can be brought before the Court.

(Signature of Judge)

FORM 52.2Rule 52.2CERTIFICATE CONCERNING CODE OF CONDUCT FOR EXPERT WITNESSES(General Heading — Use Form 66)CERTIFICATE CONCERNING CODE OF CONDUCT FOR EXPERT WITNESSES

I, (name), having been named as an expert witness by the (party), certify that I have read the Code of Conduct for Expert Witnesses set out in the schedule to the Federal Courts Rules and agree to be bound by it.

(Date)

(Signature of expert witness)
(Name, address, telephone and fax number of expert witness)

  • SOR/2010-176, s. 12.

FORM 66Rule 66GENERAL HEADING

(Court File No.)

ACTION

FEDERAL COURT

(where a simplified action under rule 292:

SIMPLIFIED ACTION)

BETWEEN:

(Name)

Plaintiff

and

(Name)

Defendant

(Title of Document)

(Text of Document)

APPLICATION

(Court File No.)

FEDERAL COURT (or FEDERAL COURT OF APPEAL)

BETWEEN:

(Name)

Applicant

and

(Name)

Respondent

APPLICATION UNDER (statutory provision or rule under which application is made)

(Title of Document)

(Text of Document)

APPEAL

(Court File No.)

FEDERAL COURT OF APPEAL (or FEDERAL COURT)

BETWEEN:

(Name)

Appellant

and

(Name)

Respondent

(Title of Document)

(Text of Document)

ORDER

FEDERAL COURT (or FEDERAL COURT OF APPEAL)

(Name of judge or prothonotary)

(Date)

(Court seal)

(Style of cause)

(Title of Order)

(Text of Order)

  • 2002, c. 8, s. 183.

FORM 69Rule 69NOTICE OF CONSTITUTIONAL QUESTION(General Heading — Use Form 66)NOTICE OF CONSTITUTIONAL QUESTION

The (identify party) intends to question the constitutional validity, applicability or effect (state which) of (identify the particular legislative provision).

The question is to be argued on (day), (date) at (time), at (place).

The following are the material facts giving rise to the constitutional question: (Set out concisely the material facts that relate to the constitutional question. Where appropriate, attach pleadings or reasons for decision.)

The following is the legal basis for the constitutional question: (Set out concisely the legal basis for each constitutional question and identify the nature of the constitutional principles to be argued.)

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

TO: The Attorney General of Canada

The Attorney General of (each province)

FORM 71Rule 71FAX COVER PAGE

FAX COVER PAGE
  • 1. Name, address and telephone number of sender:

  • 2. Date and time of transmission:

  • 3. Total number of pages transmitted, including cover page:

  • 4. Number of a fax machine at which documents may be received:

  • 5. Name and telephone number of person to contact if problems occur in transmission:

FORM 80ARule 80AFFIDAVIT(General Heading — Use Form 66)AFFIDAVIT OF (Name)

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

  • 1. (Set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact.)

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).
Commissioner for Taking Affidavits
(or as the case may be)
(Signature of Deponent)

  • SOR/2002-417, s. 26.

FORM 80BRule 80FORM OF OATH — INTERPRETER

You swear (or affirm) that you understand the (language of deponent) and the language in which the affidavit is written and that you will faithfully translate orally the affidavit and the oath (or affirmation) for the deponent to the best of your skill and understanding. (In an oath, conclude: So help you God.)

  • SOR/2002-417, s. 27.

FORM 80CRule 80FORM OF JURAT WHERE DEPONENT IS SWORN BY INTERPRETATION

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (Regional Municipality, etc.) of (name) by the interpretation of (name of interpreter), who had previously sworn (affirmed) that (he or she) was well acquainted with the (name of deponent’s language) and (name of official language in which affidavit is written) and that (he or she) would faithfully interpret the said affidavit, on (date).
Commissioner for Taking Affidavits
(or as the case may be)
(Signature of Deponent)

  • SOR/2002-417, s. 27.

FORM 91Rule 91DIRECTION TO ATTEND(General Heading — Use Form 66)DIRECTION TO ATTEND

TO: (name of person to be examined)

YOU ARE REQUIRED TO ATTEND AN EXAMINATION (for discovery, in aid of execution, etc.) on behalf of (identify party) on (day), (date) at (time) at the office of (name, address and telephone number of examiner).

YOU ARE ALSO REQUIRED TO BRING WITH YOU and produce at the examination the following documents and things: (Set out the nature of each document and thing and give particulars sufficient to identify each one.)

TRAVEL EXPENSES for (number of days) day(s) of attendance is served with this direction, calculated in accordance with Tariff A of the Federal Courts Rules, as follows:

Transportation allowance $

Overnight accommodations and meal allowance $

TOTAL$

If further attendance is required, you will be entitled to additional money.

THE EXAMINATION WILL BE CONDUCTED IN (IDENTIFY OFFICIAL LANGUAGE). If you prefer to be examined in the other official language, an interpreter may be required and you must immediately advise the solicitor for the party conducting the examination.

IF YOU FAIL TO ATTEND OR REMAIN UNTIL THE END OF THIS EXAMINATION, YOU MAY BE COMPELLED TO ATTEND AT YOUR OWN EXPENSE AND YOU MAY BE FOUND IN CONTEMPT OF COURT.

INQUIRIES CONCERNING THIS DIRECTION may be directed to (name and telephone number of contact person).

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or examining party)

  • SOR/2004-283, s 35.

FORM 93Rule 93FORM OF OATH OR AFFIRMATION — INTERPRETER

You swear (or affirm) that you understand the (language of witness) language and the language in which the examination is to be conducted and that you will truly interpret the oath (or affirmation) to the witness, all questions put to the witness and the answers of the witness, to the best of your skill and understanding. (In an oath, conclude: So help you God.)

FORM 99ARule 99WRITTEN EXAMINATION(General Heading — Use Form 66)WRITTEN EXAMINATION

TO: (name of person required to answer the written examination)

The (identify examining party) has chosen to examine the (identify person to be examined) for discovery (or in aid of execution, etc.).

You are required to answer the questions in the schedule by affidavit in Form 99B prescribed by the Federal Courts Rules.

The affidavit containing the answers is to be served on all other parties within 30 days from the date on which these questions are served on you.

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or examining party)

SCHEDULE

(Set out the questions concisely, each in a separate paragraph and numbered consecutively.)

  • SOR/2004-283, s. 35.

FORM 99BRule 99ANSWERS TO WRITTEN EXAMINATION(General Heading — Use Form 66)AFFIDAVIT OF (Name)

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) SWEAR (or AFFIRM) THAT the answers set out in Exhibit A to this affidavit to the questions dated (date) submitted by the (identify examining party) are true, to the best of my information, knowledge and belief:

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).
Commissioner for Taking Affidavits
(or as the case may be)
(Signature of Deponent)

EXHIBIT A

(Set out the answers to the questions concisely, each in a separate paragraph and numbered consecutively.)

FORM 124ARule 124NOTICE OF CHANGE OF SOLICITOR(General Heading — Use Form 66)NOTICE OF CHANGE OF SOLICITOR

The plaintiff (or as the case may be), formerly represented by (name of former solicitor), has appointed (name of new solicitor) as solicitor of record.

(Date)

(Signature of new solicitor)
(Name, address, telephone and fax number of solicitor of record)

TO: (Name and address of former solicitor)

AND TO: (Names and addresses of other solicitors or parties)

FORM 124BRule 124NOTICE OF APPOINTMENT OF SOLICITOR(General Heading — Use Form 66)NOTICE OF APPOINTMENT OF SOLICITOR

The plaintiff (or as the case may be), formerly acting in person, has appointed (name) as solicitor of record.

(Date)

(Signature of solicitor of record)
(Name, address, telephone and fax number of solicitor of record)

TO: (Name and address of other solicitors or parties)

FORM 124CRule 124NOTICE OF INTENTION TO ACT IN PERSON(General Heading — Use Form 66)NOTICE OF INTENTION TO ACT IN PERSON

The plaintiff (or as the case may be), formerly represented by (name) as solicitor of record, intends to act in person.

(Date)

(Signature of party acting in person)
(Name, address, telephone and fax number of party acting in person)

TO: (Name and address of former solicitor of record)

AND TO: (Name and address of other solicitors or parties)

FORM 128Rule 128ACKNOWLEDGMENT OF RECEIPT(General Heading — Use Form 66)ACKNOWLEDGEMENT OF RECEIPT

TO: (full name)

You are served by mail with the documents enclosed with this card in accordance with the Federal Courts Rules.

You are required to sign the acknowledgment below and mail this card immediately after you receive it. If you fail to do so, the documents may be served on you in another manner and you may have to pay the costs of service.

ACKNOWLEDGMENT OF RECEIPT

I ACKNOWLEDGE that I have received a copy of the following documents: (To be completed in advance by the sender of the documents. Include sufficient particulars to identify each document.)

(Date)

(Signature of person served)

(The reverse side of this card must bear the name and address of the sender and the required postage.)

  • SOR/2004-283, s. 35.

FORM 140Rule 140FAX COVER PAGE

FAX COVER PAGE
  • 1. Name, address and telephone number of sender:

  • 2. Name of person on whom document served:

  • 3. Date and time of transmission:

  • 4. Total number of pages transmitted, including cover page:

  • 5. Number of a fax machine at which documents may be received:

  • 6. Name and telephone number of person to contact if problems occur in transmission:

FORM 146ARule 146AFFIDAVIT OF SERVICE(General Heading — Use Form 66)  

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

(for personal service on an individual, corporation, etc.)

  • 1. On (date), at (time), I served (identify person served) with (identify the document served) leaving a copy with that person at (address where service was made).

    (Where the Federal Courts Rules provide for personal service on a corporation, etc.,

    by leaving a copy of the document with another person, substitute:)

    by leaving a copy with (identify and give the position or function of the person served) at (address where service was made).

  • 2. I was able to identify the person by means of (state the means by which the person’s identity was ascertained).

(for personal service by leaving a copy with an adult person in the same household)

  • 1. I served (identify person served) with (identify the document served) leaving a copy on (date), at (time) with a person (insert name if known) who appeared to be an adult member of the same household in which (identify person served) is residing at (address where service was made), and by sending a copy by regular mail (or registered mail) on (date) to (identify person served) at the same address.

  • 2. I ascertained that the person was an adult member of the household by means of (State how it was ascertained that the person was an adult member of the household.).

(for personal service by mail)

  • 1. On (date), at (time), I sent to (identify person served) by registered/ordinary mail a copy of (identify the document served).

  • 2. On (date), I received the attached acknowledgement of receipt card/post office receipt bearing a signature that purports to be the signature of (identify person).

(for service by mail on solicitor)

I served (identify party served) with (identify document served) by sending a copy by registered/ordinary mail on (date) to (name of solicitor), solicitor for the (identify party).

(for non-personal service by fax on a solicitor)

I served (identify party served) with (identify document served) by sending a copy by fax on (date) to (name of solicitor), solicitor for the (identify party), at (fax number).

(for non-personal service by courier)

  • 1. I served (identify party served) with (identify document served) by sending a copy by (name of courier), a courier to (name of solicitor), solicitor for the (identify party), at (full address of place for delivery).

  • 2. The copy was given to the courier on (date).

(for non-personal service on party acting in person)

  • 1. I served (identify party served) with (identify document served) by sending a copy by registered/ordinary mail/fax/courier on (date) to (full mailing address/fax number), the last address for service provided by (identify party)(or, where no such address has been provided:) the last known address of (identify party).

  • 2. The copy was given to the courier on (date).

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).
Commissioner for Taking Affidavits
(or as the case may be)
(Signature of Deponent)

  • SOR/2004-283, s. 35.

FORM 146BRule 146SOLICITOR’S CERTIFICATE OF SERVICE(If certificate is not endorsed directly on copy of document to be filed, insert General Heading — Use Form 66)SOLICITOR’S CERTIFICATE OF SERVICE

I, (name of solicitor), Solicitor, certify that I caused the plaintiff (or as the case may be), (name of party served) to be duly served with (if enclosure “this document”; otherwise identify document served) by (method of service, including name of any person on behalf of whom the party was served) on (date of service).

(Signature of Solicitor)

FORM 149Rule 149TENDER OF PAYMENT INTO COURT(General Heading — Use Form 66)TENDER OF PAYMENT INTO COURT

(To be presented to Registry in triplicate with certified cheque or other bill of exchange for money being paid in.)

Pursuant to (here insert reference to Court order, statutory provision or rule authorizing or requiring payment into court), the undersigned hereby tenders the attached certified cheque (or other bill of exchange) in the sum of (amount) Canadian currency, payable to the Receiver General for Canada as a payment into court for (here insert purpose or object of payment into court).

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

Receipt of the above certified cheque (or other bill of exchange) is acknowledged.

(Date)

(Signature of Registry Officer)

FORM 166Rule 166NOTICE OF DISCONTINUANCE(General Heading — Use Form 66)NOTICE OF DISCONTINUANCE

The plaintiff (or as the case may be) wholly discontinues this action (or as the case may be).

(Date)

(Signature of solicitor or party filing notice)
(Name, address, telephone and fax number of solicitor or party filing notice)

TO: (Names and addresses of other solicitors or parties)

FORM 171ARule 171STATEMENT OF CLAIM(General Heading — Use Form 66)

(Court seal)

STATEMENT OF CLAIM

TO THE DEFENDANT:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 171B prescribed by the Federal Courts Rules, serve it on the plaintiff’s solicitor or, where the plaintiff does not have a solicitor, serve it on the plaintiff, and file it, with proof of service, at a local office of this Court, WITHIN 30 DAYS after this statement of claim is served on you, if you are served within Canada.

If you are served in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is sixty days.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of each defendant)

(Separate page)

CLAIM

  • 1. The plaintiff claims: (State here the precise relief claimed.)

    (In consecutively numbered paragraphs, set out each allegation of material fact relied on to substantiate the claim.)

The plaintiff proposes that this action be tried at (place).

(Date)

(Signature of solicitor or plaintiff)
(Name, address, telephone and fax number of solicitor or plaintiff)

  • SOR/2004-283, s. 35.

FORM 171BRule 171STATEMENT OF DEFENCE(General Heading — Use Form 66)STATEMENT OF DEFENCE

  • 1. The defendant admits the allegations contained in paragraphs of the statement of claim.

  • 2. The defendant denies the allegations contained in paragraphs of the statement of claim.

  • 3. The defendant has no knowledge of the allegations contained in paragraphs of the statement of claim.

  • 4. (Set out in separate, consecutively numbered paragraphs, each allegation of material fact relied on by way of defence.)

(Date)

(Signature of solicitor or defendant)
(Name, address, telephone and fax number of solicitor or defendant)

TO: (Name and address of plaintiff’s solicitor or plaintiff)

FORM 171CRule 171REPLY(General Heading — Use Form 66)REPLY

  • 1. The plaintiff admits the allegations contained in paragraphs of the statement of defence.

  • 2. The plaintiff denies the allegations contained in paragraphs of the statement of defence.

  • 3. The plaintiff has no knowledge of the allegations contained in paragraphs of the statement of defence.

  • 4. (Set out in separate, consecutively numbered paragraphs, each allegation of material fact relied on by way of reply to the statement of defence.)

(Date)

(Signature of solicitor or plaintiff)
(Name, address, telephone and fax number of solicitor or plaintiff)

TO: (Name and address of defendant’s solicitor or defendant)

FORM 171DRule 171COUNTERCLAIMAGAINST PARTIES TO MAIN ACTION ONLY

(Include the counterclaim in the same document as the statement of defence and entitle the document STATEMENT OF DEFENCE AND COUNTERCLAIM. The counterclaim follows the last paragraph of the statement of defence.)

COUNTERCLAIM

The defendant (name if more than one defendant) claims: (State here the precise relief claimed.)

(Then set out, in separate, consecutively numbered paragraphs, each allegation of material fact relied on to substantiate the counterclaim. Continue the numbering sequence initiated in the statement of defence.)

(Date)

(Signature of solicitor or defendant)
(Name, address, telephone and fax number of solicitor or defendant)

TO: (Names and addresses of other solicitors or parties)

FORM 171ERule 171COUNTERCLAIMAGAINST PLAINTIFF AND PERSON NOT ALREADY PARTY TO THE MAIN ACTION(General Heading — Use Form 66)

(Add a second title of proceeding, as follows:)

(Court seal)

AND BETWEEN:

(Name)

Plaintiff by counterclaim

and

(Name)

Defendants to the counterclaim

STATEMENT OF DEFENCE AND COUNTERCLAIM

TO THE DEFENDANTS TO THE COUNTERCLAIM:

A LEGAL PROCEEDING has been commenced against you by way of a counterclaim in an action in this Court. The claim made against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS COUNTERCLAIM, you or a solicitor acting for you must prepare a defence to counterclaim in Form 171F prescribed by the Federal Courts Rules, serve it on the plaintiff by counterclaim’s solicitor, or where the plaintiff by counterclaim is self-represented, serve it on the plaintiff by counterclaim, and file it, with proof of service, WITHIN 30 DAYS after this statement of defence and counterclaim is served on you.

If you are not already a party to the main action and you are served in the United States of America, the period for serving and filing your statement of defence is 40 days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is 60 days.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO DEFEND THIS COUNTERCLAIM, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of solicitor or of defendant to counterclaim who is not already a party to the main action)

AND TO: (Names and addresses of other solicitors or parties)

(Separate page)

STATEMENT OF DEFENCE

(Set out statement of defence, in separate, consecutively numbered paragraphs.)

COUNTERCLAIM

(Set out counterclaim, continuing consecutive numbering of paragraphs.)

(Signature of solicitor or defendant)

  • SOR/2004-283, s. 35.

FORM 171FRule 171DEFENCE TO COUNTERCLAIMGeneral Heading — Use Form 66, including second style of cause per Form 171E, if required)

(A plaintiff who files a reply in the main action must include the defence to counterclaim in the same document as the reply, entitled REPLY AND DEFENCE TO COUNTERCLAIM, in which the defence to counterclaim follows immediately after the last paragraph of the reply — see Form 171C, continuing the numbering sequence initiated in the reply.)

DEFENCE TO COUNTERCLAIM

The defendant to the counterclaim admits the allegations contained in paragraphs of the counterclaim.

The defendant to the counterclaim denies the allegations contained in paragraphs of the counterclaim.

The defendant to the counterclaim has no knowledge of the allegations contained in paragraphs of the counterclaim.

(Set out in separate, consecutively numbered paragraphs, each allegation of material fact relied on by way of defence to the counterclaim.)

(Date)

(Signature of solicitor or defendant to counterclaim)
(Name, address, telephone and fax number of solicitor or defendant to counterclaim)

TO: (Names and addresses of other solicitors or parties)

FORM 171GRule 171REPLY TO DEFENCE TO COUNTERCLAIM(General Heading — Use Form 66, including second style of cause per Form 171E, if required)REPLY TO DEFENCE TO COUNTERCLAIM

  • 1. The plaintiff by counterclaim admits the allegations contained in paragraphs of the defence to counterclaim.

  • 2. The plaintiff by counterclaim denies the allegations contained in paragraphs of the defence to counterclaim.

  • 3. The plaintiff by counterclaim has no knowledge of the allegations contained in paragraphs of the defence to counterclaim.

  • 4. (Set out in separate, consecutively numbered paragraphs, each allegation of material fact relied on by way of reply to the defence to the counterclaim.)

(Date)

(Signature of solicitor or plaintiff by counterclaim)
(Name, address, telephone and fax number of solicitor or plaintiff by counterclaim)

TO: (Names and addresses of other solicitors or parties)

FORM 171HRule 171THIRD PARTY CLAIMAGAINST PERSON ALREADY PARTY TO THE ACTION(General Heading — Use Form 66)

(Refer to the requirements of Rules 193 and 194 to determine whether third party claim may be served without first obtaining leave of the Court.)

THIRD PARTY CLAIM

  • 1. The defendant claims against the third party (State here precise relief claimed.)

    (Set out in consecutively numbered paragraphs each allegation of material fact relied on to substantiate the third party claim.)

(Date)

(Signature of solicitor or defendant)
(Name, address, telephone and fax number of solicitor or defendant)

TO: (Name and address of third party)

FORM 171IRule 171THIRD PARTY CLAIMAGAINST PERSON NOT ALREADY PARTY TO THE ACTION

(Court File No.)

FEDERAL COURT

BETWEEN:

(Name)

Plaintiff

and

(Court seal)

(Name)

Defendant

and

(Name)

Third Party

(Refer to the requirements of Rules 193 and 194 of the Federal Courts Rules to determine whether third party claim may be issued without first obtaining leave of the Court.)

THIRD PARTY CLAIM

TO THE THIRD PARTY:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by way of a third party claim in an action in this Court.

The action was commenced by the plaintiff against the defendant for the relief claimed in the statement of claim served with this third party claim. The defendant has defended the action on the grounds set out in the statement of defence served with this third party claim. The defendant’s claim against you is set out in the following pages.

IF YOU WISH TO DEFEND THIS THIRD PARTY CLAIM, you or a solicitor acting for you are required to prepare a statement of defence in Form 171I prescribed by the Federal Courts Rules, serve it on the solicitors for the other parties, or, where a party does not have a solicitor, serve it on the party, and file it, with proof of service, at a local office of this Court, WITHIN THIRTY DAYS after this third party claim is served on you, if you are served within Canada.

If you are served in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is sixty days.

YOU MAY ALSO DEFEND the action by the plaintiff against the defendant by serving and filing a statement of defence in Form 171B prescribed by the Federal Courts Rules within the time for serving and filing your third party defence.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to you.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of third party)

(Separate page)

CLAIM

  • 1. The defendant claims against the third party: (State here precise relief claimed.)

    (Then set out in consecutively numbered paragraphs each allegation of material fact relied on to substantiate the third party claim.)

(Date)

(Signature of solicitor or defendant)
(Name, address, telephone and fax number of solicitor or defendant)

  • 2002, c. 8, s. 183;
  • SOR/2004-283, s. 35.

FORM 171JRule 171THIRD PARTY DEFENCE(General Heading — Use Form 66, with style of cause in accordance with Form 171H)THIRD PARTY DEFENCE

  • 1. The third party admits the allegations contained in paragraphs of the third party claim.

  • 2. The third party denies the allegations contained in paragraphs of the third party claim.

  • 3. The third party has no knowledge of the allegations contained in paragraphs of the third party claim.

  • 4. (Set out in separate, consecutively numbered paragraphs, each allegation of material fact relied on by way of defence to the third party claim.)

(Date)

(Signature of solicitor or third party)
(Name, address, telephone and fax number of solicitor or third party)

TO: (Names and addresses of other solicitors or parties)

FORM 171KRule 171REPLY TO THIRD PARTY DEFENCE(General Heading — Use Form 66, with style of cause in accordance with Form 171I)REPLY TO THIRD PARTY DEFENCE

  • 1. The defendant admits the allegations contained in paragraphs of the third party defence.

  • 2. The defendant denies the allegations contained in paragraphs of the third party defence.

  • 3. The defendant has no knowledge of the allegations contained in paragraphs of the third party defence.

  • 4. (Set out in separate, consecutively numbered paragraphs, each allegation of material fact relied on by way of reply to the third party defence.)

(Date)

(Signature of solicitor or third party)
(Name, address, telephone and fax number of solicitor or third party)

TO: (Names and addresses of other solicitors or parties)

FORM 223Rule 223AFFIDAVIT OF DOCUMENTS(General Heading — Use Form 66)AFFIDAVIT OF DOCUMENTS

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

  • 1. I am the plaintiff (or as the case may be) in this action.

    (or)

    I have been authorized by the plaintiff (or as the case may be), to make this affidavit.

  • 2. I have conducted a diligent search of my/(name of party’s) records and have made appropriate inquiries of others to inform myself in order to make this affidavit.

  • 3. This affidavit discloses, to the full extent of my knowledge, information and belief, all of the documents relevant to any matter in issue in the action that are in my/(name of party’s) possession, power or control, that were but are no longer in my/(name of party’s) possession, power or control or that I believe are in the possession, power or control of a person who is not a party to the action.

  • 4. I have listed and described in Schedule 1 all of the relevant documents, or bundles of relevant documents, that are in my/(name of party’s) possession, power or control and for which no privilege is claimed.

  • 5. I have listed and described in Schedule 2 all of the relevant documents, or bundles of relevant documents, that are or were in my/(name of party’s) possession, power or control and for which privilege is claimed and have stated in that Schedule the grounds for each claim of privilege in respect of a document or bundle of documents.

  • 6. I have listed and described in Schedule 3 all of the relevant documents, or bundles of relevant documents, that were but are no longer in my/ (name of party’s) possession, power or control and for which no privilege is claimed and have described in that Schedule how possession, power or control of any document or bundle of documents was lost and their current location, so far as I can determine.

  • 7. I have listed and described in Schedule 4 all of the relevant documents, or bundles of relevant documents, that I believe are in the possession, power or control of a person who is not a party to the action and have described in that Schedule the identity of each such person, including the person’s name and address, if known.

  • 8. I am not aware of any other relevant document other than those that are listed in this affidavit or that are or were only in the possession, power or control of another party in the action.

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).
Commissioner for Taking Affidavits
(or as the case may be)
(Signature of Deponent)

CERTIFICATE OF SOLICITOR

I, (full name of solicitor), certify that I have explained to the deponent of this affidavit of documents the necessity of making full disclosure under Rule 223 of the Federal Courts Rules and the possible consequences of failing to do so.

The documents listed in Schedule 1 to this affidavit may be inspected at (address) on (dates) at (times) or a place, date and time to be agreed upon.

(Date)

(Signature of solicitor)

SCHEDULE 1

The following are all of the relevant documents, or bundles of relevant documents, that are in my/(name of party’s) possession, power or control and for which no privilege is claimed:

(Number each document or bundle consecutively. Set out the nature and date of the document or bundle and other particulars sufficient to identify it.)

SCHEDULE 2

The following are all of the relevant documents, or bundles of relevant documents, that are or were in my/(name of party’s) possession, power or control and for which privilege is claimed:

(Include the grounds for claiming privilege for each document.)

SCHEDULE 3

The following are all of the relevant documents, or bundles of relevant documents, that were but are no longer in my/ (name of party’s) possession, power or control and for which no privilege is claimed:

(Describe how possession, power or control over each document or bundle was lost, and give the current location of each of them.)

SCHEDULE 4

The following are all of the relevant documents, or bundles of relevant documents, that I believe are in the possession, power or control of a person who is not a party to the action:

(Include the identity of each person, including the person’s name and address, if known.)

  • SOR/2002-417, s. 28(E);
  • SOR/2004-283, s. 35.

FORM 255Rule 255REQUEST TO ADMIT(General Heading — Use Form 66)REQUEST TO ADMIT

YOU ARE REQUESTED TO ADMIT, for the purposes of this proceeding only, the truth of the following facts: (Set out facts in consecutively numbered paragraphs.)

YOU ARE REQUESTED TO ADMIT, for the purposes of this proceeding only, the authenticity of the following documents: (Number each document and give particulars sufficient to identify each. Specify whether the document is an original or a copy.)

Attached to this request is a copy of each of the documents referred to above. (Where it is not practicable to attach a copy or where the party already has a copy, state which document is not attached and the reason for not attaching it.)

YOU MUST RESPOND TO THIS REQUEST by serving a response to request to admit in Form 256 prescribed by the Federal Courts Rules WITHIN 20 DAYS after this request is served on you. If you fail to do so, you will be deemed to admit, for the purposes of this proceeding only, the truth of the facts and the authenticity of the documents set out above.

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party serving response to request)

TO: (Names and addresses of solicitor or party on whom request is served)

  • SOR/2004-283, s. 35.

FORM 256Rule 256RESPONSE TO REQUEST TO ADMIT(General Heading — Use Form 66)RESPONSE TO REQUEST TO ADMIT

In response to the request to admit dated (date), the (party responding to the request):

  • 1. Admits the truth of facts numbered: (specify)

  • 2. Admits the authenticity of documents numbered: (specify)

  • 3. Denies the truth of facts numbered: (specify)

    for the following reasons: (Set out reasons for denying each fact.)

  • 4. Denies the authenticity of documents numbered: (specify)

    for the following reasons: (Set out reasons for denying authenticity of each document.)

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party serving request)

TO: (Names and addresses of solicitor or party on whom request is served)

FORM 258Rule 258REQUISITION FOR PRE-TRIAL CONFERENCE(General Heading — Use Form 66)REQUISITION FOR PRE-TRIAL CONFERENCE

THE PLAINTIFF (or DEFENDANT (if more than one (name), or as the case may be) REQUESTS that a date be set for a pre-trial conference in this action.

THE PLAINTIFF (or DEFENDANT or as the case may be) CERTIFIES:

  • 1. All examinations for discovery which the plaintiff (or defendant or as the case may be) intends to conduct are complete.

  • 2. A settlement discussion under Rule 257 of the Federal Courts Rules was held on (date).

  • 3. The pre-trial conference should be held at (place, or by teleconference, etc.).

  • 4. The parties are available at any time except: (List all dates within the next 60 days on which the parties are not available for a pre-trial conference.)

  • 5. The pre-trial conference will be in (English or French, or partly in English and partly in French).

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

TO: (Name and address of each solicitor or party served with requisition)

  • SOR/2004-283, s. 35.

FORM 261Rule 261NOTICE OF PRE-TRIAL CONFERENCE(General Heading — Use Form 66)

(Court seal)

NOTICE OF PRE-TRIAL CONFERENCE

TO THE PARTIES AND THEIR SOLICITORS:

PURSUANT TO the requisition filed by (identify party) on (date), a pre-trial conference will be held on (day), (date) at (time) at (location).

ALL PARTIES OR THEIR AUTHORIZED REPRESENTATIVES must participate together with all solicitors of record, unless the Court directs otherwise.

A PRE-TRIAL CONFERENCE MEMORANDUM in accordance with subsection 258(3) of the Federal Courts Rules must be served and filed by each party, other than the party who filed the requisition for a pre-trial conference, within 30 days after being served with the requisition.

A PRE-TRIAL CONFERENCE MEMORANDUM must be accompanied by the documents referred to in subsection 258(4) of the Rules.

PARTICIPANTS MUST BE PREPARED TO ADDRESS

  • (a) the possibility of settlement of any or all of the issues in the action and of referring any unsettled issues to a dispute resolution conference;

  • (b) simplification of the issues in the action;

  • (c) any issues arising from any affidavits or statements of expert witnesses, and the need for any additional or rebuttal expert witness evidence;

  • (d) the possibility of obtaining admissions that may facilitate the trial;

  • (e) the issue of liability;

  • (f) the amount of damages, where damages are claimed;

  • (g) the estimated duration of the trial;

  • (h) the advisability of having the Court appoint an expert to give testimony at the trial;

  • (i) the advisability of a reference;

  • (j) suitable dates for trial;

  • (k) the necessity for interpreters or simultaneous interpretation at the trial;

  • (l) whether a notice of constitutional question needs to be served under section 57 of the Federal Courts Act;

  • (m) the content of the trial record; and

  • (n) any other matter that may promote the timely and just disposition of the action.

YOU ARE REQUIRED TO CONFIRM YOUR ATTENDANCE, either in person or by teleconference, by telephoning: (Name and telephone number)

(Date)

Issued by: (Registry Officer)

Address of local office:

  • 2002, c. 8, s. 182;
  • SOR/2004-283, s. 35;
  • SOR/2007-301, s. 11.

FORM 272ARule 272ORDER FOR COMMISSION AND LETTER OF REQUEST(General Heading — Use Form 66)ORDER

  • 1. THIS COURT ORDERS that the Administrator prepare and issue a commission naming (name), of (address) as commissioner to take the evidence of the witness (name of witness), in (name of state or country) for use at trial.

  • 2. THIS COURT ORDERS that the Administrator prepare and issue a letter of request addressed to the judicial authorities of (name of state or country), requesting the issuing of such process as is necessary to compel the witness to attend and be examined before the commissioner.

  • 3. THIS COURT ORDERS that (particulars of any directions given by the Court, including as to costs incidental to the commission).

Signature of judge or prothonotary

FORM 272BRule 272COMMISSION(General Heading — Use Form 66)

(Court seal)

COMMISSION

TO: (Name and address of commissioner)

YOU HAVE BEEN APPOINTED A COMMISSIONER for the purpose of taking evidence in a proceeding now pending in this Court by order of the Court made on (date), a copy of which is attached.

YOU ARE GIVEN FULL AUTHORITY to do all things necessary for taking the evidence mentioned in the order authorizing this commission.

You are to send to this Court a transcript of the evidence taken, together with this commission, forthwith after the transcript is completed.

In carrying out this commission, you are to follow the terms of the attached order and the instructions contained in this commission.

THIS COMMISSION is signed and sealed by order of the Court.

(Date)

Issued by: (Registry Officer)

Address of local office:

INSTRUCTIONS TO COMMISSIONER

  • 1. Before acting on this commission, you must take the oath (or affirmation) set out below. You may do so before any person authorized pursuant to subsection 54(2) of the Federal Courts Act to take affidavits or administer oaths outside of Canada.

I, (name) swear (or affirm) that I will, according to the best of my skill and knowledge, truly and faithfully and without partiality to any of the parties to this proceeding, take the evidence of every witness examined under this commission, and cause the evidence to be transcribed and forwarded to the Court. (In an oath, conclude: So help me God.)

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (State, Country, etc.) of (name) on (date).
(Signature and office of person before whom oath or affirmation is taken)
(Signature of Commissioner)
  • 2. The examining party is required to give the person to be examined at least 10 days notice of the examination and, where the order so provides, to pay attendance money to the person to be examined.

  • 3. You must arrange to have the evidence before you recorded and transcribed. You are to administer the following oath (or affirmation) to the person who records and transcribes the evidence:

    You swear (or affirm) that you will truly and faithfully record and transcribe all questions put to all witnesses and their answers in accordance with the directions of the commissioner. (In an oath, conclude: So help you God.)

    On consent of the parties, or where the order for this commission provides for it, the examination may be recorded on videotape or other similar medium.

  • 4. You are to administer the following oath (or affirmation) to each witness whose evidence is to be taken:

    You swear (or affirm) that the evidence to be given by you touching the matters in question between the parties to this proceeding shall be the truth, the whole truth, and nothing but the truth. (In an oath, conclude: So help you God.)

  • 5. Where a witness does not understand the language or is deaf or mute, the evidence of the witness must be given through an interpreter. You are to administer the following oath (or affirmation) to the interpreter:

    You swear (or affirm) that you understand the (language of witness) language and the language in which the examination is to be conducted and that you will truly interpret the oath (or affirmation) to the witness, all questions put to the witness and the answers of the witness, to the best of your skill and understanding. (In an oath, conclude: So help you God.)

  • 6. You are to attach to this commission the transcript of the evidence and the exhibits, and any videotape or other recording of the examination. You are to complete the certificate set out below, and mail this commission, the transcript, the exhibits and any videotape or other recording of the examination to the office of the Court where the commission was issued. You are to keep a copy of the transcript and, where practicable, a copy of the exhibits until the Court disposes of this proceeding. Forthwith after you mail this commission and the accompanying material to the Court, you are to notify the parties who appeared at the examination that you have done so.

CERTIFICATE OF COMMISSIONER

I, (name), certify that:

  • 1. I administered the proper oath (or affirmation) to the person who recorded and transcribed the evidence, to the witness the transcript of whose evidence is attached and to any interpreter through whom the evidence was given.

  • 2. The evidence of the witness was properly taken.

  • 3. The evidence of the witness was properly transcribed.

(Date)

(Signature of Commissioner)

  • 2002, c. 8, s. 182.

FORM 272CRule 272LETTER OF REQUEST(General Heading — Use Form 66)

(Court seal)

LETTER OF REQUEST

TO THE JUDICIAL AUTHORITIES OF (name of state or country)

A PROCEEDING IS PENDING IN THIS COURT between (name), plaintiff (or as the case may be) and (name) defendant (or as the case may be).

IT HAS BEEN SHOWN TO THIS COURT that it appears necessary for the purpose of justice that a witness residing in your jurisdiction be examined there.

THIS COURT HAS ISSUED A COMMISSION to (name of commissioner) of (address of commissioner), providing for the examination of the witness (name of witness) of (address of witness).

YOU ARE REQUESTED, in furtherance of justice, to cause (name of witness) to appear before the commissioner by the means ordinarily used in your jurisdiction, if necessary to secure attendance, and to answer questions under oath or affirmation (where desired add:) and to bring to and produce at the examination the following documents and things: (Set out the nature and date of each document and thing and give particulars sufficient to identify each document and thing.).

YOU ARE ALSO REQUESTED to permit the commissioner to conduct the examination of the witness in accordance with the Federal Courts Rules and the commission issued by this Court.

AND WHEN YOU REQUEST IT, the Federal Court (or Federal Court of Appeal) is ready and willing to do the same for you in a similar case.

THIS LETTER OF REQUEST is signed and sealed by order of the Court made on (date).

(Date)

Issued by: (Registry Officer)

Address of local office:

  • SOR/2004-283, ss. 26, 35.

FORM 301Rule 301NOTICE OF APPLICATION(General Heading — Use Form 66)

(Court seal)

NOTICE OF APPLICATION

TO THE RESPONDENT:

A PROCEEDING HAS BEEN COMMENCED by the applicant. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by the applicant. The applicant requests that this application be heard at (place where Federal Court of Appeal (or Federal Court) ordinarily sits).

IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or a solicitor acting for you must file a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the applicant’s solicitor or, if the applicant is self-represented, on the applicant, WITHIN 10 DAYS after being served with this notice of application.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

APPLICATION

(Where the application is an application for judicial review)

This is an application for judicial review in respect of

(Identify the tribunal.)

(Set out the date and details of the decision, order or other matter in respect of which judicial review is sought.)

The applicant makes application for: (State the precise relief sought.)

The grounds for the application are: (State the grounds to be argued, including any statutory provision or rule relied on.)

This application will be supported by the following material: (List the supporting affidavits, including documentary exhibits, and the portions of transcripts to be used.)

(If the applicant wishes a tribunal to forward material to the Registry, add the following paragraph:)

The applicant requests (name of the tribunal) to send a certified copy of the following material that is not in the possession of the applicant but is in the possession of the (tribunal) to the applicant and to the Registry: (Specify the particular material.)

(Date)

(Signature of solicitor or applicant)
(Name, address and telephone and fax numbers of solicitor or applicant)

  • SOR/2004-283, ss. 35, 38;
  • SOR/2013-18, s. 16.

FORM 305Rule 305NOTICE OF APPEARANCE — APPLICATION(General Heading — Use Form 66)NOTICE OF APPEARANCE

The respondent intends to appear in respect of this application.

(Date)

(Signature of solicitor or respondent)
(Name, address and telephone and fax numbers of solicitor or respondent)

TO: (Names and addresses of other solicitors or parties)

  • SOR/2013-18, s. 17.

FORM 314Rule 314REQUISITION FOR HEARING — APPLICATION(General Heading — Use Form 66)REQUISITION FOR HEARING

THE APPLICANT REQUESTS that a date be set for the hearing of this application.

THE APPLICANT CONFIRMS:

  • 1. The requirements of subsection 309(1) of the Federal Courts Rules have been complied with.

  • 2. A notice of constitutional question has been served in accordance with section 57 of the Federal Courts Act.

    (or)

    There is no requirement to serve a notice of constitutional question under section 57 of the Federal Courts Act in this application.

  • 3. The hearing should be held at (place).

  • 4. The hearing should last no longer than (number) hours (or days).

  • 5. The representatives of all parties to the application are as follows:

    • (a) on behalf of the applicant: (name of solicitor or party if self-represented) who can be reached at: (address, telephone and fax numbers)

    • (b) on behalf of the respondent: (name of solicitor or party if self-represented) who can be reached at: (address, telephone and fax numbers)

    • (c) on behalf of the intervener: (name of solicitor or party if self-represented) who can be reached at: (address, telephone and fax numbers)

    (If more than one applicant, respondent or intervener represented by different solicitors, list all.)

  • 6. The parties are available at any time except: (List all dates within the next 90 days on which the parties are not available for a hearing.)

  • 7. The hearing will be in (English or French, or partly in English and partly in French).

(Date)

(Signature of solicitor or applicant)
(Name, address, telephone and fax number of solicitor or applicant)

TO: (Name and address of other solicitor or party served with requisition)

  • 2002, c. 8, s. 182;
  • SOR/2004-283, s. 35.

FORM 316.2Rule 316.2NOTICE OF SUMMARY APPLICATION(General Heading — Use Form 66)

(Court seal)

NOTICE OF SUMMARY APPLICATION

TO THE RESPONDENT:

A SUMMARY APPLICATION HAS BEEN COMMENCED by the applicant under section 231.7 of the Income Tax Act. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court on (day), (date), at (time) or as soon after that time as the application can be heard, at (place).

IF YOU WISH TO OPPOSE THIS APPLICATION, you or a solicitor acting for you must serve a respondent’s record and file three copies of it not later than 2:00 p.m. on the last business day before the hearing of the application.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

SUMMARY APPLICATION

The applicant makes application for: (State the precise relief sought.)

The grounds for the application are: (State the grounds to be argued, including any statutory provision or rule relied on.)

This application will be supported by the following material: (List the supporting affidavits, including documentary exhibits, and the portions of transcripts to be used.)

(Date)

(Signature of solicitor or applicant)
(Name, address and telephone and fax numbers of solicitor or applicant)

  • SOR/2013-18, s. 18.

FORM 323Rule 323NOTICE OF INTENTION TO PARTICIPATE(General Heading — Use Form 66)NOTICE OF INTENTION TO PARTICIPATE

(The Attorney General of (Canada or as may be) or name of person who participated before tribunal) intends to participate in this reference.

(Date)

(Signature of solicitor or respondent)
(Name, address, telephone and fax number of solicitor or respondent)

TO: (Names and addresses of other solicitors or parties)

FORM 327Rule 327NOTICE OF APPLICATION FOR REGISTRATION OF FOREIGN JUDGMENT(General Heading — Use Form 66)NOTICE OF APPLICATION FOR REGISTRATION OF FOREIGN JUDGMENT

A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for registration and enforcement in Canada of a foreign judgment granted against (name of respondent) by (name of court or tribunal) in (name of country or state) on (date). The claim made by the applicant appears on the following pages.

THIS APPLICATION is made ex parte pursuant to Rule 328 of the Federal Courts Rules and, unless the Court orders otherwise, will be disposed of in writing and without notice to the respondent.

(Date)

Issued by: (Registry Officer)

Address of local office:

APPLICATION

  • 1. The applicant applies under: (indicate which of the following statutory provisions applies)

    for registration of a foreign judgment granted against (name of respondent) by (name of court or tribunal) in (name of country or state) on (date).

  • 2. The grounds for the application are:

    • (a) The judgment is one to which (specify statutory provision selected above) applies.

    • (b(specify statutory provision selected above) do(es) not preclude registration of the judgment.

    • (c) The respondent appeared (or did not appear) before the (name of court or tribunal) that granted the judgment. (If the respondent did not appear, explain why registration is nevertheless permitted.)

  • 3. The following documentary evidence is relied on in support of this application:

    • (a) an exemplified or certified copy of the foreign judgment and any reasons, including dissenting reasons, given in respect of that judgment;

    • (b) a copy (of any arbitration agreement pursuant to which the judgment was made); and

    • (c) he affidavit of (name)(see requirements of Rule 329 of the Federal Courts Rules).

  • 4. The respondent in this application resides at (address).

(Date)

(Signature of solicitor or applicant)
(Name, address, telephone and fax number of solicitor or applicant)

  • SOR/2004-283, ss. 35, 39;
  • SOR/2006-219, s. 16;
  • 2012, c. 26, s. 27.

FORM 337Rule 337NOTICE OF APPEAL(General Heading — Use Form 66)

(Court seal)

NOTICE OF APPEAL

TO THE RESPONDENT:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the appellant. The relief claimed by the appellant appears on the following page.

THIS APPEAL will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court directs otherwise, the place of hearing will be as requested by the appellant. The appellant requests that this appeal be heard at (place where Federal Court of Appeal (or Federal Court) ordinarily sits).

IF YOU WISH TO OPPOSE THIS APPEAL, to receive notice of any step in the appeal or to be served with any documents in the appeal, you or a solicitor acting for you must prepare a notice of appearance in Form 341 prescribed by the Federal Courts Rules and serve it on the appellant’s solicitor, or where the appellant is self-represented, on the appellant, WITHIN 10 DAYS of being served with this notice of appeal.

IF YOU INTEND TO SEEK A DIFFERENT DISPOSITION of the order appealed from, you must serve and file a notice of cross-appeal in Form 341 prescribed by the Federal Courts Rules instead of serving and filing a notice of appearance.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPEAL, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

APPEAL

THE APPELLANT APPEALS to the Federal Court of Appeal (or Federal Court) from the order of (name of judge, officer or tribunal) dated (date) by which (details of order under appeal).

THE APPELLANT ASKS that (the relief sought).

THE GROUNDS OF APPEAL are as follows: (Set out the grounds of appeal, including a reference to any statutory provision or rule to be relied on.)

(If the appellant wishes a tribunal to forward material to the Registry, add the following paragraph:)   

The appellant requests (name of the tribunal) to send a certified copy of the following material that is not in the possession of the appellant but is in the possession of the (board, commission or tribunal, as the case may be) to the appellant and to the Registry: (Specify the particular material.)

(Date)

(Signature of solicitor or appellant)
(Name, address, telephone and fax number of solicitor or appelant)

  • 2002, c. 8, s. 183;
  • SOR/2004-283, ss. 35, 38.

FORM 337.1Rule 337.1NOTICE OF APPEAL

(Court File No.)

FEDERAL COURT OF APPEAL

BETWEEN:

(Name)

Appellant

and

(Name)

Respondent

(Court seal)

NOTICE OF APPEAL

(pursuant to subsection 27(1.2) of the Federal Courts Act)

TO THE RESPONDENT:

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the appellant. The relief claimed by the appellant appears on the following page.

THIS APPEAL will be heard by the Federal Court of Appeal at a time and place to be fixed by the Judicial Administrator. Unless the court directs otherwise, the place of hearing will be as requested by the appellant. The appellant requests that this appeal be heard at (place where Federal Court of Appeal ordinarily sits).

IF YOU WISH TO OPPOSE THIS APPEAL, to receive notice of any step in the appeal or to be served with any documents in the appeal, you or a solicitor acting for you must prepare a notice of appearance in Form 341A prescribed by the Federal Courts Rules and serve it on the appellant’s solicitor, or where the appellant is self-represented, on the appellant, WITHIN 10 DAYS of being served with this notice of appeal.

IF YOU INTEND TO SEEK A DIFFERENT DISPOSITION of the judgment appealed from, you must serve and file a notice of cross-appeal in Form 341B prescribed by the Federal Courts Rules instead of serving and filing a notice of appearance.

Copies of the Federal Courts Rules, information concerning the local offices of the court and other necessary information may be obtained on request to the Administrator of this court at Ottawa (telephone 613-996-6795) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPEAL, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: (Registry Officer)

Address of local office:

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

APPEAL

THE APPELLANT APPEALS to the Federal Court of Appeal from the judgment of the Tax Court of Canada dated (date) by which (details of judgment under appeal).

THE APPELLANT ASKS that (the relief sought).

THE GROUNDS OF APPEAL are as follows: (Set out the grounds of appeal, including those grounds set out in subsection 27(1.3) of the Federal Courts Act, reproduced below, which apply to the appeal. Also include a reference to any other statutory provision or rule to be relied on.)

(Subsection 27(1.3) provides as follows:

  • 27(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada

    • (aacted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

    • (bfailed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

    • (cerred in law in making a decision or an order, whether or not the error appears on the face of the record;

    • (dbased its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;

    • (eacted, or failed to act, by reason of fraud or perjured evidence; or

    • (facted in any other way that was contrary to law.)

(If the appellant wishes the Tax Court of Canada to forward material to the Registry, add the following paragraph:)

The appellant requests that the Tax Court of Canada send a certified copy of the following material that is not in the possession of the appellant but is in the possession of that court to the appellant and to the Registry: (Specify the particular material.)

(Date)

(Signature of solicitor or appellant)
(Name, address, telephone and fax numbers of solicitor or appelant)

  • SOR/2004-283, s. 27.

FORM 341ARule 341NOTICE OF APPEARANCE — APPEAL(General Heading — Use Form 66)NOTICE OF APPEARANCE

The respondent intends to participate in this appeal.

(Date)

(Signature of solicitor or respondent)
(Name, address, telephone and fax number of solicitor or respondent)

TO: (Names and addresses of other solicitors or parties)

FORM 341BRule 341NOTICE OF CROSS-APPEAL(General Heading — Use Form 66)NOTICE OF CROSS-APPEAL

THE RESPONDENT CROSS-APPEALS in this appeal and asks that the order be set aside and judgment granted as follows (or “that the order be varied as follows”, or as the case may be): (Set out the relief sought.)

THE GROUNDS FOR THIS CROSS-APPEAL are as follows: (Set out the grounds of appeal, including a reference to any statutory provision or rule to be relied on.)

(Date)

(Signature of solicitor or respondent)
(Name, address, telephone and fax number of solicitor or respondent)

TO: (Name and address of appellant’s solicitor or appellant)

FORM 344Rule 344CERTIFICATE OF COMPLETENESS OF APPEAL BOOK(General Heading — Use Form 66)CERTIFICATE OF COMPLETENESS OF APPEAL BOOK

I, (name), solicitor for the appellant (or appellant), certify that the contents of the appeal book in this appeal are complete and legible.

(Date)

(Signature of solicitor or appellant)
(Name, address, telephone and fax number of solicitor or appellant)

FORM 347Rule 347REQUISITION FOR HEARING — APPEAL(General Heading — Use Form 66)REQUISITION FOR HEARING

THE APPELLANT (or RESPONDENT, as the case may be) REQUESTS that a date be set for the hearing of this appeal.

THE APPELLANT (or RESPONDENT, as the case may be) CONFIRMS THAT:

  • 1. The requirements of subsections 346(1) and (5) of the Federal Courts Rules have been complied with.

  • 2. A notice of constitutional question has been served in accordance with section 57 of the Federal Courts Act

    (or)

    There is no requirement to serve a notice of constitutional question under section 57 of the Federal Courts Act in this appeal.

  • 3. The hearing should be held at (place).

  • 4. The hearing should last no longer than (number) hours (or days).

  • 5. The representatives of all parties to the appeal are as follows:

    • (a) on behalf of the appellant: (name of solicitor or party if self-represented) who can be reached at: (address, telephone and fax numbers)

    • (b) on behalf of the respondent: (name of solicitor or party if self-represented) who can be reached at: (address, telephone and fax numbers)

    • (c) on behalf of the intervener: (name of solicitor or party if self-represented) who can be reached at: (address, telephone and fax numbers)

    (If more than one appellant, respondent or intervener represented by different solicitors, list all.)

  • 6. The parties are available at any time except: (List all dates within the next 90 days on which the parties are not available for a hearing.)

  • 7. The hearing will be in (English or French, or partly in English and partly in French).

(Date)

(Signature of solicitor or respondent)
(Name, address, telephone and fax number of solicitor or party)

TO: (Names and addresses of other solicitors or parties)

  • 2002, c. 8, s. 182;
  • SOR/2004-283, s. 35.

FORM 359Rule 359NOTICE OF MOTION(General Heading — Use Form 66)NOTICE OF MOTION

(Motion to be heard orally)

TAKE NOTICE THAT (name of party) will make a motion to the Court on (day), (date), at (time) or as soon thereafter as the motion can be heard, at (place).

(Motion in writing)

TAKE NOTICE THAT (name of party) will make a motion to the Court in writing under Rule 369 of the Federal Courts Rules.

THE MOTION IS FOR (the precise relief sought).

THE GROUNDS FOR THE MOTION ARE (the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on).

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion (affidavits or other documentary evidence to be relied on).

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

TO: (Name and address of responding party’s solicitor or responding party)

  • SOR/2004-283, s. 35.

FORM 370Rule 370NOTICE OF ABANDONMENT(General Heading — Use Form 66)NOTICE OF ABANDONMENT

(Motion to be heard orally)

The plaintiff (or as the case may be) wholly abandons the motion returnable (date).

(Motion in writing)

The plaintiff (or as the case may be) wholly abandons the motion in writing served and filed (date).

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

TO: (Name and address of each solicitor or party served with the notice of motion)

FORM 380Rule 380NOTICE OF STATUS REVIEWFEDERAL COURT(General Heading — Use Form 66)NOTICE OF STATUS REVIEW

TO THE PARTIES AND THEIR SOLICITORS:

IN THIS ACTION, MORE THAN 180 DAYS HAVE ELAPSED since the filing of the statement of claim and no statement of defence has been filed and no motion for default judgment is pending. ACCORDINGLY

(or)

IN THIS APPLICATION, MORE THAN 180 DAYS HAVE ELAPSED since the issuance of the notice of application and no requisition for a hearing date has been filed. ACCORDINGLY

THE PLAINTIFF (OR APPLICANT) IS REQUIRED TO SERVE AND FILE, within 15 days of the date of this notice, representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

THE DEFENDANT (OR RESPONDENT) MAY SERVE AND FILE representations within seven days after being served with the representations of the plaintiff.

THE PLAINTIFF (OR APPLICANT) MAY SERVE AND FILE a reply within four days after being served with the representations of the defendant (or respondent).

(Signature of judge, prothonotary or Administrator)

  • SOR/2007-214, s. 5.

FORM 381

[Repealed, SOR/2007-214, s. 5]

FORM 382.2Rule 382.2NOTICE OF STATUS REVIEWFEDERAL COURT OF APPEAL(General Heading — Use Form 66)NOTICE OF STATUS REVIEW

TO THE PARTIES AND THEIR SOLICITORS:

IN THIS APPLICATION (OR APPEAL) MORE THAN 180 DAYS HAVE ELAPSED since the issuance of the notice of application (or appeal) and no requisition for a hearing date has been filed and (insert the party in default) is in default of . ACCORDINGLY

THE APPLICANT (OR APPELLANT) IS REQUIRED TO SERVE AND FILE, within 30 days after the issuance of this notice, representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

(or)

THE RESPONDENT IS REQUIRED TO SERVE AND FILE, within 30 days after the issuance of this notice, representations stating the reasons why default judgment should not be entered. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

THE OTHER PARTY MAY SERVE AND FILE representations within 10 days after being served with the representations of the party that is in default.

(Signature of judge)

  • SOR/2007-214, s. 5.

FORM 389Rule 389NOTICE OF SETTLEMENT(General Heading — Use Form 66)NOTICE OF SETTLEMENT

TO THE ADMINISTRATOR:

TAKE NOTICE THAT the parties have settled this proceeding (or the following issues in this proceeding:).

(Date)

(Signature of solicitor or plaintiff (or appellant))
(Name, address, telephone and fax number of solicitor or plaintiff (or appellant))

(Date)

(Signature of solicitor or defendant (or respondent))
(Name, address, telephone and fax number of solicitor or defendant (or respondent))

FORM 425ARule 425WRIT OF SEIZURE AND SALE(General Heading — Use Form 66)

(Court seal)

WRIT OF SEIZURE AND SALE

To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be:)

Under an order of this Court made on (date), in favour of (identify party)

YOU ARE DIRECTED to seize and sell the real property or immoveables and the personal property or movables within your jurisdiction of (full name of individual or corporation, etc.) and to realize from the seizure the following sums:

  • (a) $ and interest at per cent per year commencing on (date);

  • (b) $ for costs together with interest at per cent per year commencing on (date); and

  • (c) your fees and expenses in enforcing this writ.

YOU ARE DIRECTED to pay out the proceeds according to law and to report on the execution of this writ if required by the party or solicitor who filed it.

(Date)

Issued by: (Registry Officer)

Address of local office:

This writ was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party filing writ)

FORM 425BRule 425WRIT OF SEQUESTRATION(General Heading — Use Form 66)

(Court seal)

WRIT OF SEQUESTRATION

To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

Under an order of this Court made on (date), on the motion of (name of party who obtained order), YOU ARE DIRECTED to take possession of and hold the following property in your jurisdiction of (name of person against whom order was made): (Set out a description of the property.)

AND YOU ARE DIRECTED to collect and hold any income from the property until further order of this Court.

(Date)

Issued by: (Registry Officer)

Address of local office:

This writ was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party filing writ)

FORM 427Rule 427WRIT OF POSSESSION(General Heading — Use Form 66)

(Court seal)

WRIT OF POSSESSION

To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

Under an order of this Court made on (date), in favour of (name of party who obtained order), YOU ARE DIRECTED to enter and take possession of the following immoveables or real property and premises in your jurisdiction: (Set out a description of the immoveables or real property and premises.)  

AND YOU ARE DIRECTED to give possession of the above immoveables or real property and premises without delay to (name of party who obtained order).

(Date)

Issued by: (Registry Officer)

Address of local office:

This writ was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party filing writ)

FORM 428Rule 428WRIT OF DELIVERY(General Heading — Use Form 66)

(Court seal)

WRIT OF DELIVERY

To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

Under an order of this Court made on (date), YOU ARE DIRECTED to seize from (name of party) and to deliver without delay to (name of party who obtained order) the following personal property or movables: (Set out a description of the property to be delivered.).

(Date)

Issued by: (Registry Officer)

Address of local office:

This writ was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party filing writ)

FORM 458ARule 458INTERIM CHARGING ORDER — REAL PROPERTY(General Heading — Use Form 66)ORDER

WHEREAS by a judgment (or order) made on (date) the defendant (or as the case may be) was ordered to pay to the plaintiff (or as the case may be) the sum of $(amount) and $(amount) in costs;

WHEREAS the sum of $(amount) remains due and unpaid;

AND WHEREAS the defendant (or as the case may be) has real property or immoveables, or an interest in the real property or immoveables more particularly described in the Schedule to this order:

IT IS ORDERED that unless sufficient reasons to the contrary are shown before the (date) at (time), when this matter will be further considered by the Court at (place), the defendant’s (or as the case may be) real property or immoveable, or interest in the real property or immoveables shall, and it is ordered that in the meantime it does, stand charged with the payment of $(amount) including any interest due on the judgment (or order) together with the costs of this motion.

(Signature of judge or prothonotary)

SCHEDULE

(Describe with full particulars the relevant real property or immoveable, or interest therein.)

FORM 458BRule 458INTERIM CHARGING ORDER — SECURITIES(General Heading - Use Form 66)ORDER

WHEREAS by a judgment (or order) made on (date) the defendant (or as the case may be) was ordered to pay to the plaintiff (or as the case may be) the sum of $(amount) and $(amount) in costs;

WHEREAS that the sum of $(amount) remains due and unpaid;

AND WHEREAS the defendant (or as the case may be) has an interest in the securities more particularly described in the Schedule to this order;

IT IS ORDERED that unless sufficient reasons to the contrary are shown before the (date) at (time), when this matter will be further considered by the Court at (place), the defendant’s (or as the case may be) interest in the securities shall, and it is ordered that in the meantime it does, stand charged with the payment of $(amount) including any interest due on the judgment (or order) together with the costs of this motion.

(Signature of judge or prothonotary)

SCHEDULE

(Describe, with full particulars, the relevant shares, bonds or other securities, stating their full title, their value and the name in which they stand and whether the beneficial interest charged is in the securities only or in the dividends or interest as well.)

FORM 459Rule 459CHARGING ORDER ABSOLUTE(General Heading — Use Form 66)ORDER

IT IS ORDERED that the interest of the defendant (or as the case may be) (name) in the asset specified in the Schedule to this order stands charged with the payment of $(amount), the amount due from the defendant (or as the case may be) to the plaintiff (or as the case may be) pursuant to a judgment (or order) of this Court dated (date), together with any interest due on the judgment (or order) together with the costs of this motion (in the amount of $(amount), or to be assessed) which costs are to be added to the judgment debt.

(Signature of judge or prothonotary)

SCHEDULE

(As in Form 458A or 458B)

FORM 477Rule 477STYLE OF CAUSE — ACTION IN REM

(Court File No.)

FEDERAL COURT

ADMIRALTY ACTION IN REM

BETWEEN:

(Name)

Plaintiff

and

The owners and all others interested in

The Ship (name)

(or)

The owners and all others interested in

The Ship (name) and freight

(or)

The owners and all others interested in

The Ship (name) and her cargo and freight

(or if the action is against cargo only)

The cargo ex The Ship (name)

(or if the action is against the proceeds realized by the sale of the ship or cargo)

The proceeds of the sale of The Ship (name)

(or)

The proceeds of the sale of the cargo of The Ship (name),

(or as the case may be)

Defendants

  • 2002, c. 8, s. 183.

FORM 481Rule 481WARRANT(General Heading — Use Form 477)

(Court seal)

WARRANT

TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

YOU ARE DIRECTED to arrest the ship (name), (or her cargo, or as the case may be) and to keep the same under arrest until further order of this Court.

(Date)

Issued by: (Designated Officer)

Address of local office:

This writ was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party)

FORM 486ARule 486BAIL BOND(General Heading — Use Form 477)BAIL BOND

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

  • 1. I submit myself to the jurisdiction of this Court and consent that if (insert name of party for whom bail is to be given, and state whether plaintiff or defendant, or as the case may be) do(es) not pay what may be adjudged against them (or as the case may be) in this action, with costs, or do(es) not pay any sum due to be paid under any agreement by which the action is settled before judgment and which is filed in this Court, execution may issue against me, my executors or administrators, or my personal property or movables, for the amount unpaid or an amount of $(amount), whichever is the lesser.

(Add where bond given by an individual:)

  • 2. I have a net worth of more than the sum of $(state amount in which bail is to be given) after payment of all my debts, as shown by the financial statement attached as Appendix A hereto.

Sworn (or Affirmed) before me at the (City, Town, etc) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).
Commissioner for Taking Affidavits
(or as the case may be)
(Signature of Surety)

FORM 486BRule 486NOTICE OF BAIL(General Heading — Use Form 477)NOTICE OF BAIL

TAKE NOTICE that bail has been offered in the sum of $(amount) on behalf of the (insert name of party on whose behalf bail is to be given, and state whether plaintiff or defendant, or as the case may be) to answer judgment in this action by (name of surety), as shown on the guaranty or bail bond attached hereto.

AND TAKE NOTICE that unless a notice of objection to bail in Form 486C of the Federal Courts Rules is served and filed within 24 hours, bail will be given as provided in the attached document, and a request will be made to release the arrested property in accordance with rule 487 of those Rules.

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

TO: (Name, address, telephone and fax number of solicitor or party on whom notice is served)

  • SOR/2004-283, s. 28.

FORM 486CRule 486NOTICE OF OBJECTION TO BAIL(General Heading — Use Form 477)NOTICE OF OBJECTION TO BAIL

TAKE NOTICE that the plaintiff (or as the case may be) (name) objects to the bail given by (name of surety) on behalf of the defendant (or as the case may be) (name) in this action.

The grounds for this objection are: (Set out grounds.)

(Date)

(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party

TO: (Name, address, telephone and fax number of solicitor or party on whom notice is served)

FORM 487Rule 487RELEASE(General Heading — Use Form 477)RELEASE

TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

WHEREAS by warrant issued (date) you were directed to arrest the ship (name) (or her cargo, etc. or as the case may be) and to keep the same under arrest until further order of this Court,

YOU ARE NOW DIRECTED to release the said ship (name), (or her cargo, or as the case may be) from the arrest effected by virtue of that warrant.

(Date)

Issued by: (Designated Officer)

Address of local office:

This release was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party)

FORM 490Rule 490COMMISSION OF APPRAISAL OR SALE(General Heading — Use Form 477)

(Court seal)

COMMISSION OF APPRAISAL

(or SALE, or APPRAISAL AND SALE, as the case may be)

TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):

WHEREAS this Court has ordered that the ship (name), (or her cargo or as the case may be) be appraised (and/or sold),

(where appraisal only:)

YOU ARE DIRECTED

  • (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the (ship or cargo, etc., as the case may be) according to its true value; and

  • (b) upon a certificate of that value having been reduced into writing, and signed by you and by the appraiser(s), to file the certificate in the Registry of this Court together with this commission.

(where sale only:)

YOU ARE DIRECTED to cause the ship (name), (or her cargo or as the case may be) to be sold at public auction for the highest price that can be obtained for it.

(where appraisal and sale:)

YOU ARE DIRECTED

  • (a) to make a written inventory of the (ship or cargo, etc., as the case may be) and to choose one or more qualified persons and to swear that person or persons to appraise the said ship (name), (or her cargo or as the case may be) according to the true value thereof; and

  • (b) upon a certificate of such value having been reduced into writing, and signed by yourself and by the appraiser(s), to cause the ship (her cargo or as the case may be) to be sold by (public auction or private sale) for the highest price that can be obtained for it, but no less than the appraised value unless the Court orders otherwise.

YOU ARE FURTHER DIRECTED, as soon as the sale has been completed, to pay the proceeds thereof into Court and to file the certificate of appraisement and an account of the sale signed by you, together with this commission.

(Add any other conditions ordered by the Court.)

(Date)

Issued by: (Designated Officer)

Address of local office:

This commission was issued at the request of, and inquiries may be directed to:

(Name, address, telephone and fax number of solicitor or party)

FORM 493ARule 493CAVEAT WARRANT(General Heading — Use Form 477)CAVEAT WARRANT

TAKE NOTICE THAT I, (full name and address) apply for a caveat against the issue of any warrant for the arrest of the ship (name) (or description of other property) without notice first being given to me.

AND I UNDERTAKE, within three days after being required to do so, to give bail in this or any other action or counterclaim against that ship (or other property) in this Court in the sum of $(amount), or to pay that sum into Court.

MY ADDRESS FOR SERVICE AND TELEPHONE NUMBER are: (address and telephone number)

(Date)

(Signature)

FORM 493BRule 493CAVEAT RELEASE(General Heading — Use Form 477)CAVEAT RELEASE

TAKE NOTICE THAT I, (full name and address), apply for a caveat against the release of the ship (name) (or description of other property), now under arrest pursuant to a warrant issued (date) without notice first being given to me.

(If person applying for caveat is not a party to the action, add:)

MY ADDRESS FOR SERVICE is: (address)

(Date)

(Signature)

FORM 493CRule 493CAVEAT PAYMENT(General Heading — Use Form 477)CAVEAT PAYMENT

TAKE NOTICE THAT I, (full name and address), apply for a caveat against the payment of any money out of the proceeds of the sale of the ship (name) (or description of other property), now remaining in Court, without notice first being given to me.

(If person applying for caveat is not a party to the action, add:)

MY ADDRESS FOR SERVICE is: (address)

(Date)

(Signature)

FORM 495Rule 495NOTICE OF WITHDRAWAL OF CAVEAT(General Heading — Use Form 477)NOTICE OF WITHDRAWAL OF CAVEAT

TAKE NOTICE THAT I, (full name and address), withdraw the caveat (warrant or release or payment) filed by me in this action (or as the case may be) on (date).

(Date)

(Signature)

TARIFF A(Rules 19, 20, 42, 43, 71 and 89)

COURT FEES

Registry Fees

  • Marginal note:Fees payable on issuance
    • 1. (1) A party shall pay the following fees for the issuance of

      • (a) a statement of claim

        • (i) under section 48 of the Federal Courts Act $2

        • (ii) in a simplified action or in an appeal that proceeds by way of action $50

        • (iii) in any other action $150

      • (b) a statement of defence and counterclaim adding a party

        • (i) in a simplified action $50

        • (ii) in any other action $150

      • (c) a third or subsequent party claim

        • (i) in a simplified action $50

        • (ii) in any other action $150

      • (d) a notice of application $50

      • (e) a notice of appeal, other than appeals of prothonotaries’ and referees’ orders $50

      • (f) a subpoena

        • (i) in a simplified action $15

        • (ii) in any other proceeding $30

      • (g) a writ of execution

        • (i) in respect of a judgment in a simplified action $15

        • (ii) in respect of a judgment in any other proceeding $30

      • (h) an Anton Piller order, per defendant $50

    • Marginal note:Fees payable on filing

      (2) A party shall pay the following fees for the filing of

      • (a) a notice of motion for an extension of time to commence a proceeding $20

      • (b) a notice of motion for leave to commence a proceeding $30

      • (c) a notice of motion for summary judgment

        • (i) in an appeal that proceeds by way of action $100

        • (ii) in any other action $300

      • (c.1) a notice of motion for a summary trial $50

      • (d) a requisition for a pre-trial conference

        • (i) in a simplified action or an appeal that proceeds by way of action $100

        • (ii) in any other action $300

      • (e) a notice of motion under rule 155 to fix the time and place for the hearing of a reference

        • (i) in a simplified action or in an appeal that proceeds by way of action $50

        • (ii) in any other action $150

      • (f) a requisition for a hearing date in an application or appeal in the Federal Court $50

      • (g) a caveat warrant, caveat release or caveat payment  $20

      • (h) an order of a tribunal under rule 424 in the case of a party other than the Crown $20

      • (i) the first document, in each separate claim, after the Court has ordered, pursuant to paragraph 106(a), that claims against one or more parties be pursued separately (plaintiff only) $150

    • Marginal note:Fees payable for copies

      (3) A party requesting photocopies of documents from the Registry shall pay $0.40 per page.

  • Marginal note:Fees payable for trial or hearing

    2. Where a trial or hearing in the Federal Court lasts more than three days, each party who participated at the trial or hearing shall pay a fee determined by applying the formula

    [(A × B) + C] / D

    where

    A 
    is
    • (a) in respect of the hearing of a reference ordered under rule 153, $75, and

    • (b) in respect of any other trial or hearing, $150;

    B 
    is the number of days of trial or hearing in excess of three;
    C 
    is the amount payable by the Administrator to a court reporter in respect of the portion of the trial or hearing conducted after the first three days; and
    D 
    is the number of parties who participated at the trial or hearing.

Witnesses

  • Marginal note:Witness fees
    • 3. (1) Subject to subsection (2), a witness is entitled to be paid by the party who arranged for or subpoenaed his or her attendance $20 per day plus reasonable travel expenses, or the amount permitted in similar circumstances in the superior court of the province where the witness appears, whichever is the greater.

    • Marginal note:Expert witness

      (2) Where a witness, other than a party, is an expert witness, the daily rate referred to in subsection (1) shall be $100.

    • Marginal note:Additional costs to witness

      (3) A party may pay a witness, in lieu of the amount to which the witness is entitled under subsection (1) or (2), a greater amount equal to the expense or any loss incurred by the witness in attending a proceeding.

    • Marginal note:Amount established by contract

      (4) In lieu of the amounts to which an expert witness is entitled under subsections (1) and (2), a party may pay the expert witness a greater amount established by contract for his or her services in preparing to give evidence and giving evidence.

Court Officers

  • Marginal note:Services of court officers

    4. Subject to section 5, the amount payable for the services of a sheriff or of a person referred to in subsection 89(2) shall be the amount permitted for similar services by the tariff of the superior court of the province in which the services were rendered.

  • Marginal note:Sheriff’s services where no tariff provided

    5. Where the practice of the superior court of the province in which a writ was executed does not provide for sheriff’s fees realizable on execution, the following fees and disbursements are payable to a sheriff on execution:

    • (a) on the amount recovered up to and including $1,000, five per cent of that amount;

    • (b) on the amount recovered in excess of $1,000 and up to and including $4,000, two and one-half per cent of that amount;

    • (c) on the amount recovered in excess of $4,000, one and one-half per cent of that amount; and

    • (d) mileage in respect of seizure and sale and all reasonable and necessary disbursements incurred in the care and removal of property.

  • 2002, c. 8, s. 182;
  • SOR/2002-417, s. 29(E);
  • SOR/2004-283, ss. 29, 33;
  • SOR/2013-18, ss. 19, 20.

TARIFF B(Rules 400 and 407)

COUNSEL FEES AND DISBURSEMENTS ALLOWABLE ON ASSESSMENT

  • Marginal note:Bill of costs
    • 1. (1) A party seeking an assessment of costs in accordance with this Tariff shall prepare and file a bill of costs.

    • Marginal note:Content of bill of costs

      (2) A bill of costs shall indicate the assessable service, the column and the number of units sought in accordance with the table to this Tariff and, where the service is based on a number of hours, shall indicate the number of hours claimed and be supported by evidence thereof.

    • Marginal note:Disbursements

      (3) A bill of costs shall include disbursements, including

      • (a) payments to witnesses under Tariff A; and

      • (b) any service, sales, use or consumption taxes paid or payable on counsel fees or disbursements allowed under this Tariff.

    • Marginal note:Evidence of disbursements

      (4) No disbursement, other than fees paid to the Registry, shall be assessed or allowed under this Tariff unless it is reasonable and it is established by affidavit or by the solicitor appearing on the assessment that the disbursement was made or is payable by the party.

  • Marginal note:Calculation
    • 2. (1) On an assessment, the assessment officer shall determine assessable costs by applying the formula

      A × B + C

      where

      A 
      is
      • (a) the number of units allocated to each assessable service, or

      • (b) where the service is based on a number of hours, the number of units allocated to that service multiplied by the number of hours;

      B 
      is the unit value as established in section 3 and adjusted in accordance with section 4; and
      C 
      is the amount of assessable disbursements.
    • Marginal note:Fractional amounts

      (2) On an assessment, an assessment officer shall not allocate to a service a number of units that includes a fraction.

  • Marginal note:Unit value

    3. The unit value as at January 1, 1998 is $100.

  • Marginal note:Adjustment of unit value
    • 4. (1) On April 1 in each year, the Chief Justices of the Court of Appeal and the Federal Court, in consultation with one another, shall adjust the unit value by multiplying it by the amount determined by the formula

      A/B × 100

      where

      A 
      is the Consumer Price Index for all items for Canada, as published by Statistics Canada under the authority of the Statistics Act, in respect of December of the preceding year; and
      B 
      is the Consumer Price Index for all items for Canada, as published by Statistics Canada under the authority of the Statistics Act, in respect of December 1994.
    • Marginal note:Rounding of result

      (2) Where a calculation under subsection (1) results in an amount that is not evenly divisible by 10, the resulting amount shall be

      • (a) where it is less than 100, rounded to the next higher amount that is evenly divisible by 10; and

      • (b) where it is greater than 100, rounded to the next lower amount that is evenly divisible by 10.

    • Marginal note:Communication of adjusted unit value

      (3) The Chief Justices shall without delay communicate adjustments to the unit value made under subsection (1) to their respective courts and to their assessment officers.

      TABLE

      ItemAssessable ServiceNumber of Units
      Column IColumn IIColumn IIIColumn IVColumn V
      A. Originating documents and Other Pleadings
      1.Preparation and filing of originating documents, other than a notice of appeal to the Federal Court of Appeal, and application records.1 - 32 - 54 - 75 - 97 - 13
      2.Preparation and filing of all defences, replies, counterclaims or respondents’ records and materials.1 - 32 - 54 - 75 - 97 - 13
      3.Amendment of documents, where the amendment is necessitated by a new or amended originating document, pleading, notice or affidavit of another party.1 - 21 - 42 - 63 - 74 - 8
      B. Motions
      4.Preparation and filing of an uncontested motion, including all materials.1 - 21 - 32 - 42 - 52 - 6
      5.Preparation and filing of a contested motion, including materials and responses thereto.1 - 32 - 53 - 74 - 95 - 11
      6.Appearance on a motion, per hour.11 - 21 - 31 - 41 - 5
      C. Discovery and Examinations
      7.Discovery of documents, including listing, affidavit and inspection.1 - 21 - 32 - 53 - 95 - 11
      8.Preparation for an examination, including examinations for discovery, on affidavits, and in aid of execution.1 - 21 - 32 - 54 - 87 - 11
      9.Attending on examinations, per hour.0 - 10 - 20 - 30 - 40 - 5
      D. Pre-Trial and Pre-Hearing Procedures
      10.Preparation for conference, including memorandum.1 - 22 - 53 - 64 - 87 - 11
      11.Attendance at conference, per hour.11 - 21 - 31 - 41 - 5
      12.Notice to admit facts or admission of facts; notice for production at hearing or trial or reply thereto.11 - 21 - 31 - 41 - 5
      13.Counsel fee:
      (a) preparation for trial or hearing, whether or not the trial or hearing proceeds, including correspondence, preparation of witnesses, issuance of subpoenas and other services not otherwise particularized in this Tariff; and11 - 22 - 53 - 94 - 11
      (b) preparation for trial or hearing, per day in Court after the first day.112 - 32 - 63 - 8
      E. Trial or Hearing
      14.Counsel fee:
      (a) to first counsel, per hour in Court; and11 - 22 - 32 - 43 - 5
      (b) to second counsel, where Court directs, 50% of the amount calculated under paragraph (a).
      15.Preparation and filing of written argument, where requested or permitted by the Court.1 - 32 - 53 - 74 - 95 - 11
      F. Appeals to the Federal Court of Appeal
      16.Counsel fee:
      (a) motion for leave to appeal and all services prior to the hearing thereof; and1- 32 - 54 - 75 - 97 - 13
      (b) on an oral hearing of the motion for leave to appeal, per hour.11111 - 2
      17.Preparation, filing and service of notice of appeal.11111
      18.Preparation of appeal book.1111 - 21 - 3
      19.Memorandum of fact and law.1 - 32 - 54 - 75 - 97 - 13
      20.Requisition for hearing.11111
      21.Counsel fee:
      (a) on a motion, including preparation, service and written representations or memorandum of fact and law; and11 - 22 - 32 - 43 - 5
      (b) on the oral hearing of a motion, per hour.1 - 21 - 32 - 42 - 52 - 6
      22.Counsel fee on hearing of appeal:
      (a) to first counsel, per hour; and11 - 22 - 32 - 43 - 5
      (b) to second counsel, where Court directs, 50% of the amount calculated under paragraph (a).
      G. Miscellaneous
      23.Attendance on a reference, an accounting or other like procedure not otherwise provided for in this Tariff, per hour.11 - 21 - 32 - 42 - 5
      24.Travel by counsel to attend a trial, hearing, motion, examination or analogous procedure, at the discretion of the Court.11 - 31 - 51 - 71 - 9
      25.Services after judgment not otherwise specified.11111
      26.Assessment of costs.1 - 21 - 42 - 63 - 75 - 10
      27.Such other services as may be allowed by the assessment officer or ordered by the Court.11 - 21 - 31 - 41 - 5
      28.Services in a province by students-at-law, law clerks or paralegals that are of a nature that the law society of that province authorizes them to render, 50% of the amount that would be calculated for a solicitor.
  • SOR2004-283, ss. 30, 31(E), 32.

SCHEDULE(Rule 52.2)CODE OF CONDUCT FOR EXPERT WITNESSES

General Duty to the Court

  • 1. An expert witness named to provide a report for use as evidence, or to testify in a proceeding, has an overriding duty to assist the Court impartially on matters relevant to his or her area of expertise.

  • 2. This duty overrides any duty to a party to the proceeding, including the person retaining the expert witness. An expert is to be independent and objective. An expert is not an advocate for a party.

Experts’ Reports

  • 3. An expert’s report submitted as an affidavit or statement referred to in rule 52.2 of the Federal Courts Rules shall include

    • (a) a statement of the issues addressed in the report;

    • (b) a description of the qualifications of the expert on the issues addressed in the report;

    • (c) the expert’s current curriculum vitae attached to the report as a schedule;

    • (d) the facts and assumptions on which the opinions in the report are based; in that regard, a letter of instructions, if any, may be attached to the report as a schedule;

    • (e) a summary of the opinions expressed;

    • (f) in the case of a report that is provided in response to another expert’s report, an indication of the points of agreement and of disagreement with the other expert’s opinions;

    • (g) the reasons for each opinion expressed;

    • (h) any literature or other materials specifically relied on in support of the opinions;

    • (i) a summary of the methodology used, including any examinations, tests or other investigations on which the expert has relied, including details of the qualifications of the person who carried them out, and whether a representative of any other party was present;

    • (j) any caveats or qualifications necessary to render the report complete and accurate, including those relating to any insufficiency of data or research and an indication of any matters that fall outside the expert’s field of expertise; and

    • (k) particulars of any aspect of the expert’s relationship with a party to the proceeding or the subject matter of his or her proposed evidence that might affect his or her duty to the Court.

  • 4. An expert witness must report without delay to persons in receipt of the report any material changes affecting the expert’s qualifications or the opinions expressed or the data contained in the report.

Expert Conferences

  • 5. An expert witness who is ordered by the Court to confer with another expert witness

    • (a) must exercise independent, impartial and objective judgment on the issues addressed; and

    • (b) must endeavour to clarify with the other expert witness the points on which they agree and the points on which their views differ.

  • SOR/2010-176, s. 13.

AMENDMENTS NOT IN FORCE

  • — 2014, c. 20, s. 366(3)

    • Replacement of “trade-mark” in regulations
      • 366. (3) Unless the context requires otherwise, “trade-mark”, “trade-marks”, “Trade-mark”, “Trade-marks”, “trade mark” and “trade marks”, are replaced by “trademark”, “trademarks”, “Trademark” or “Trademarks”, as the case may be, in the English version of any regulation, as defined in subsection 2(1) of the Statutory Instruments Act.