Federal Courts Rules (SOR/98-106)
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Regulations are current to 2024-04-01 and last amended on 2021-06-17. Previous Versions
AMENDMENTS NOT IN FORCE
— SOR/2021-244, s. 1
1 (1) The definition Christmas recess in Rule 2 of the Federal Courts RulesFootnote 1 is repealed.
Return to footnote 1SOR/98-106; SOR/2004-283, s. 2
(2) The definition holiday in Rule 2 of the Rules is replaced by the following:
- holiday
holiday means
(a) a Saturday;
(b) a holiday as defined in subsection 35(1) of the Interpretation Act;
(c) if New Year’s Day, Canada Day or Remembrance Day falls on a Saturday or Sunday, the following Monday;
(d) if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday; and
(e) if Christmas Day falls on a Friday, the following Monday. (jour férié)
(3) Rule 2 of the Rules is amended by adding the following in alphabetical order:
- seasonal recess
seasonal recess means the period beginning on December 21 in a year and ending on January 7 in the following year. (vacances judiciaires saisonnières)
— SOR/2021-244, s. 2
2 Rule 3 of the Rules is replaced by the following:
General principle
3 These Rules shall be interpreted and applied
(a) so as to secure the just, most expeditious and least expensive outcome of every proceeding; and
(b) with consideration being given to the principle of proportionality, including consideration of the proceeding’s complexity, the importance of the issues involved and the amount in dispute.
— SOR/2021-244, s. 3
3 Subsection 6(3) of the Rules is replaced by the following:
Seasonal recess
(3) Unless otherwise directed by the Court, a day that falls within the seasonal recess shall not be included in the computation of time for filing, amending, transmitting or serving a document.
— SOR/2021-244, s. 4
4 Subsection 8(3) of the Rules is repealed.
— SOR/2021-244, s. 5
5 Paragraph 30(1)(b) of the Rules is replaced by the following:
(b) the motion was brought in accordance with rule 369 or 369.2; or
— SOR/2021-244, s. 6
6 The portion of subsection 34(1) of the Rules before paragraph (a) is replaced by the following:
General Sittings of Trial Division
34 (1) General Sittings of the Federal Court for the hearing of motions shall be held, except during the seasonal or summer recess or on a holiday,
— SOR/2021-244, s. 7
7 Subsection 40(1) of the Rules is replaced by the following:
Rota of Judges for Vancouver
40 (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 seasonal recess.
— SOR/2021-244, s. 8
8 Section 74 of the Rules is replaced by the following:
Removal of documents
74 (1) Subject to subsection (2), the Court may, at any time, order that a document be removed from the Court file if the document
(a) was not filed in accordance with these Rules, an order of the Court or an Act of Parliament;
(b) is scandalous, frivolous, vexatious or clearly unfounded; or
(c) is otherwise an abuse of the process of the Court.
Opportunity to make submissions
(2) The Court may only make an order under subsection (1) if all interested parties have been given an opportunity to make submissions.
— SOR/2021-244, s. 9
9 The Rules are amended by adding the following after Rule 87:
Scope or duration of examination
87.1 (1) Subject to subsection (2), the Court may, on its own initiative or on motion, order that the scope or duration of an examination be limited.
Opportunity to be heard
(2) The Court may only make an order under subsection (1) on its own initiative if all interested parties have been given an opportunity to make submissions.
— SOR/2021-244, s. 10
10 Paragraph 218(c) of the French version of the Rules is replaced by the following:
c) limiter la nature et la portée de l’interrogatoire préalable aux questions non visées par les affidavits déposés à l’appui de la requête en jugement sommaire ou en procès sommaire, ou par tout contre-interrogatoire s’y rapportant, et permettre leur utilisation à l’instruction de la même manière qu’un interrogatoire préalable.
— SOR/2021-244, s. 11
11 Subsection 343(3) of the Rules is replaced by the following:
Motion to determine content of appeal book
(3) If an agreement is not reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiry of that period, bring a motion in accordance with rule 369 or 369.2, as the case may be, requesting that the Court determine the content of the appeal book.
— SOR/2021-244, s. 12
12 (1) Paragraph 359(a) of the Rules is replaced by the following:
(a) in respect of a motion other than one brought under rule 369 or 369.2, the time, place and estimated duration of the hearing of the motion;
(2) Paragraph 359(d) of the Rules is replaced by the following:
(d) a list of the documents or other material to be used for the purposes of the motion.
— SOR/2021-244, s. 13
13 (1) The portion of rule 360 of the Rules before paragraph (a) is replaced by the following:
Return of motion
360 A notice of motion shall not be filed unless it is made returnable
(2) Paragraph 360(c) of the Rules is replaced by the following:
(c) in accordance with rule 369 or 369.2, as the case may be.
— SOR/2021-244, s. 14
14 Rule 363 of the French version of the Rules is replaced by the following:
Preuve
363 Une partie présente sa preuve par affidavit, relatant tous les faits sur lesquels elle se fonde dans le cadre de la requête et qui ne figurent pas au dossier de la Cour.
— SOR/2021-244, s. 15
15 Paragraph 364(2)(f) of the Rules is replaced by the following:
(f) any other filed material that is necessary for the purposes of the motion.
— SOR/2021-244, s. 16
16 (1) Subsection 365(1) of the Rules is replaced by the following:
Respondent’s motion record
365 (1) A respondent to a motion shall serve a respondent’s motion record and file one electronic copy or, subject to Rule 72.4, three paper copies of the record no later than
(a) in the case of a motion brought in the Federal Court, and subject to subsections 213(4) and 369(2), 2:00 p.m. on the day that is two days before the day fixed for the hearing of the motion; and
(b) in the case of a motion brought in the Federal Court of Appeal, 10 days after the day on which they are served with the moving party’s motion record.
(2) Paragraph 365(2)(e) of the Rules is replaced by the following:
(e) any other filed material not contained in the moving party’s motion record that is necessary for the purposes of the motion.
— SOR/2021-244, s. 17
17 The Rules are amended by adding the following after rule 369:
Motions in the Federal Court of Appeal
369.1 Rule 362, subsection 364(3) and rules 366 to 369 do not apply to a motion that is brought in the Federal Court of Appeal.
Written representations only — Federal Court of Appeal
369.2 (1) Unless otherwise ordered by the Court and subject to subsection (2), all motions brought in the Federal Court of Appeal shall be decided on the basis of written representations.
Request for oral hearing
(2) A party to a motion may make a written request that the motion be heard orally. The request, together with the reasons why the motion should be heard orally, shall be attached as a separate page at the end of the party’s motion record.
Reply by moving party
(3) Unless the motion is to be heard orally, the moving party may serve and file written representations in reply within four days after the day on which they are served with the respondent’s motion record.
— SOR/2021-244, s. 18
18 Subparagraph 382.4(2)(b)(i) of the English version of the Rules is replaced by the following:
(i) give any directions that are necessary for the just, most expeditious and least expensive outcome of the proceeding, and
— SOR/2021-244, s. 19
19 Paragraph 385(1)(a) of the English version of the Rules is replaced by the following:
(a) give any directions or make any orders that are necessary for the just, most expeditious and least expensive outcome of the proceeding;
— SOR/2021-244, s. 20
20 Subsection 394(1) of the Rules is replaced by the following:
Drafting of order
394 (1) When 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, if the parties cannot agree on the form and content of the order, to bring a motion for judgment in accordance with rule 369 or 369.2, as the case may be.
— SOR/2021-244, s. 21
21 Form 359 of the Rules is replaced by the Form 359 set out in the schedule to these Rules.
FORM 359Rule 359Notice of Motion
(General Heading — Use Form 66)Notice of Motion
(Include one of the following introductory sentences, as applicable.)
TAKE NOTICE THAT (name of party) will make a motion to the Federal Court on (day), (date), at (time) or as soon thereafter as the motion can be heard, at (place).
TAKE NOTICE THAT (name of party) will make a motion to the Federal Court under rule 369 of the Federal Courts Rules.
TAKE NOTICE THAT (name of party) will make a motion to the Federal Court of Appeal under rule 369.2 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 numbers of solicitor or party)TO: (Name and address of responding party’s solicitor or responding party)
— SOR/2021-245, s. 1
1 Subsection 50(4) of the Federal Courts RulesFootnote 1 is replaced by the following:
Return to footnote 1SOR/98-106; SOR/2004-283, s. 2
Foreign judgment or arbitral award
(4) A prothonotary may hear an application made under rule 327 for registration of a foreign judgment or recognition and enforcement of an arbitral award.
— SOR/2021-245, s. 2
2 Paragraph 300(h) of the Rules is replaced by the following:
(h) applications for registration of a foreign judgment or recognition and enforcement of an arbitral award under rule 327.
— SOR/2021-245, s. 3
3 (1) The definition foreign judgment in rule 326 of the Rules is replaced by the following:
- foreign judgment
foreign judgment means a judgment that may be registered in a court in Canada in accordance with
(a) sections 80 to 89 of the Marine Liability Act; or
(b) the Canada-United Kingdom Civil and Commercial Judgments Convention Act. (jugement étranger)
(2) Rule 326 of the Rules is amended by adding the following in alphabetical order:
- arbitral award
arbitral award means
(a) an arbitral award to which subsection 5(2) of the Commercial Arbitration Act applies; or
(b) a foreign arbitral award that may be recognized and enforced by a court in Canada in accordance with the United Nations Foreign Arbitral Awards Convention Act, or articles 35 and 36 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act. (sentence arbitrale)
- creditor
creditor means the person in whose favour a foreign judgment is rendered or an arbitral award is made. (créancier)
- debtor
debtor means the person against whom a foreign judgment is rendered or an arbitral award is made. (débiteur)
— SOR/2021-245, s. 4
4 Rule 327 of the Rules is replaced by the following:
Form of application
327 An application for registration of a foreign judgment shall be in Form 327A and an application for recognition and enforcement of an arbitral award shall be in Form 327B.
— SOR/2021-245, s. 5
5 Subsection 328(2) of the Rules is replaced by the following:
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 debtor and may give any directions respecting the manner of service that it considers just.
— SOR/2021-245, s. 6
6 Rule 329 of the Rules is replaced by the following:
Affidavit
329 (1) An affidavit filed in an application under rule 327 shall contain the following information:
(a) a statement confirming that the foreign judgment or arbitral award was not fully satisfied as at the filing of the application;
(b) a statement confirming that the debtor appeared in the original proceeding;
(c) an address in Canada for service on the creditor;
(d) the name and usual or last known address of the debtor;
(e) a statement indicating whether interest has accrued on the amount payable under the foreign judgment or arbitral award 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, if applicable, the day on which interest ceases to accrue;
(f) if applicable, the rate of exchange into Canadian currency prevailing on the day on which the foreign judgment was rendered or the arbitral award was made, as ascertained from a chartered bank in Canada;
(g) a statement confirming that, having made careful and full inquiries, the applicant knows of no impediment to registration of the foreign judgment or recognition and enforcement of the arbitral award; and
(h) a statement confirming that the foreign judgment or arbitral award 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.
Documents
(2) The affidavit shall be accompanied by an exemplified or certified copy of the foreign judgment or arbitral award, any reasons — including dissenting reasons — and, in the case of an arbitral award, a copy of the arbitration agreement under which the award was made.
Additional requirement
(3) If the debtor did not appear in the original proceeding, the affidavit referred to in subsection (1) shall be accompanied by an affidavit attesting that the document instituting the original proceeding was served on the debtor.
— SOR/2021-245, s. 7
7 Rules 331 to 334 of the Rules are replaced by the following:
Conversion to Canadian currency
331 Unless the Court orders otherwise, an amount payable under a foreign judgment or an arbitral award 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 judgment was rendered or the award was made.
Interest
332 (1) Any interest on the amount payable under a foreign judgment or an arbitral award that has accrued to the day on which the judgment is registered or the award is recognized shall be added to the amount payable under the judgment or award.
Interest rate
(2) Unless the Court orders otherwise, the amount payable under a foreign judgment that is registered or an arbitral award that is recognized as a result of an application under rule 327 bears interest from the day on which it is registered or recognized at the rate set out in section 3 of the Interest Act.
Service and translation of order
333 Unless the Court orders otherwise, a creditor who obtains an order for registration of a foreign judgment or recognition and enforcement of an arbitral award shall personally serve on the debtor the order, together with a translation of the order in the language of the judgment or award, and an affidavit attesting to the accuracy of the translation.
Action prior to enforcement or execution
334 Unless the Court orders otherwise, a foreign judgment that is registered or an arbitral award that is recognized as a result of an application under rule 327 shall not be executed or enforced until proof of service of the order for registration or recognition has been filed.
— SOR/2021-245, s. 8
8 The Rules are amended by adding the following before rule 423:
Definition of designated officer
422.1 In this Part, designated officer means an officer of the Registry designated by an order of the Court.
— SOR/2021-245, s. 9
9 Rule 426 of the Rules is replaced by the following:
Examinations
426 (1) A person who has obtained an order for the payment of money may
(a) conduct an oral examination of the judgment debtor or, if the judgment debtor is a corporation, of an officer of the corporation, as to the judgment debtor’s assets; and
(b) bring a motion for leave to conduct an oral examination of any other person who might have information regarding the judgement debtor’s assets.
Service of notice of motion
(2) In respect of a motion brought under paragraph (1)(b), the notice of motion shall be served on the judgement debtor and personally served on the person to be examined.
Criteria for leave
(3) On a motion brought under paragraph (1)(b), the Court may grant leave to conduct the oral examination and determine the time and manner of conducting the examination, if it is satisfied that
(a) the person to be examined may have information as to the judgment debtor‘s assets;
(b) the moving party has been unable to informally obtain the information from the person to be examined or from another source by any other reasonable means;
(c) it would be unfair not to allow the moving party to conduct the examination; and
(d) the examination will not cause undue delay, inconvenience or expense to the person to be examined or to the judgment debtor.
— SOR/2021-245, s. 10
10 Paragraph 429(1)(c) of the English version of the Rules is replaced by the following:
(c) subject to subsection (2), in respect of an order other than for payment of money, an order of committal against the person or, if the person is a corporation, against any director or officer of the corporation.
— SOR/2021-245, s. 11
11 Subsections 437(2) and (3) of the Rules are replaced by the following:
Requisition to extend validity of writ
(1.1) A person who is entitled to execution of a writ, including a writ the validity of which has been previously extended, may make a requisition to a designated officer to extend the validity of the writ.
Conditions
(2) The designated officer may extend the validity of a writ of execution for a further period of six years if
(a) the requisition is accompanied by an affidavit attesting to
(i) the date on which the writ was issued,
(ii) the fact that the writ is not wholly executed,
(iii) the fact that there has been an attempt to execute the writ in the previous six years or that the writ has been registered in a provincial registry, and
(iv) if the validity of the writ was previously extended, the date on which it was extended;
(b) the writ is not wholly executed; and
(c) the writ is not expired.
Extension indicated on writ
(3) If the validity of a writ of execution is extended under subsection (2), a new copy of the writ, bearing the date on which its validity was extended, shall be issued in Form 425A.
— SOR/2021-245, s. 12
12 Subsection 439(3) of the Rules is replaced by the following:
Directions from Court
(3) A person at whose instance a writ of execution is issued, a sheriff or any interested person may seek directions from the Court concerning any issue that is not addressed by these Rules that arises from the enforcement of an order.
— SOR/2021-245, s. 13
13 Rules 449 to 457 of the Rules are replaced by the following:
Notice of garnishment
449 (1) Subject to rules 452 and 456 and on requisition filed by a judgment creditor in Form 449A, a designated officer may issue a notice of garnishment, in Form 449B, for the attachment of the following debts to satisfy an order for the payment of money:
(a) a debt owing or accruing from a person in Canada to a judgment debtor; or
(b) a debt owing or accruing from a person outside Canada to a judgment debtor, if the debt is one for which the person might be sued in Canada by the judgment debtor.
Requisition — notice of garnishment
(2) The requisition shall be accompanied by a copy of the order for the payment of money and an affidavit that contains the following information:
(a) the date and amount of any payment received since the order was made;
(b) the amount owing, including postjudgment interest;
(c) the manner in which the amount owing and the postjudgment interest are calculated;
(d) the address of the judgment debtor;
(e) the name and address of each garnishee;
(f) a statement indicating that the judgment creditor believes that the garnishees are or will become indebted to the judgment debtor and the grounds for the belief;
(g) if a garnishee is not then indebted but will become indebted to the judgment debtor, details with respect to the date on and the circumstances under which the debt will arise;
(h) details of the debts; and
(i) any other information that is necessary to establish the amount awarded and the judgment creditor’s entitlement.
Service
(3) The judgment creditor shall serve on each garnishee and on the judgment debtor a copy of the notice of garnishment and a copy of the requisition.
Debts bound as of time of service
(4) Subject to rule 452, a notice of garnishment binds the debts attached as of the time of its service on the garnishee.
No payment to judgment debtor
(5) Subject to rule 452, a garnishee who has been served with a notice of garnishment shall not pay the judgment debtor any amount owing to the judgment debtor without leave of the Court.
Sworn declaration of garnishee
(6) Within 21 days after the day on which the garnishee is served with the notice of garnishment, the garnishee shall file and serve on the judgment creditor and judgment debtor a sworn declaration of garnishee, in Form 449C, that contains
(a) a list of all debts owing or accruing to the judgment debtor by the garnishee by reason of an obligation incurred on or before the day of the garnishee’s declaration; and
(b) if the garnishee disputes liability to pay a debt claimed to be owing or accruing to the judgment debtor or claims the debt is for a lesser amount than that set out in the notice of garnishment, any relevant information, including any supporting documents not contained in the requisition for the issuance of a notice of garnishment.
Order or certificate not to be contested
449.1 In a proceeding under any of rules 449 to 465, a judgment debtor shall not contest the order or certificate that gave rise to the garnishment.
Payment into Court by garnishee
450 A garnishee who admits liability for a debt due to a judgment debtor shall pay into court the debt, or as much of the debt as is sufficient to satisfy the judgment, and give notice of the payment to the judgment creditor.
Garnishment order
451 (1) If a garnishee does not file a declaration of garnishee under subsection 449(6) or make the payment into court under rule 450, the Court may, on motion by the judgment creditor, order the garnishee to pay the amount owing to the judgment creditor as if the garnishee were the judgment debtor.
Future payment
(2) If a debt owed to a judgment debtor is payable at a future time or is subject to a condition when a notice of garnishment is issued, an order under subsection (1) may require that the garnishee pay the debt to the judgment creditor when the debt becomes payable or the condition is fulfilled.
Enforcement
(3) An order under subsection (1) may be enforced in the same manner as any other order for the payment of money.
Exemption from seizure
452 If a debt owing or accruing to a judgment debtor is in respect of wages or salary, no portion of the wages or salary that is exempt from seizure or attachment under the law of the province where the debt is payable shall be attached under a notice of garnishment.
Summary determination of liability
453 (1) If a garnishee disputes liability to pay a debt claimed to be owing or accruing to the judgment debtor or claims that the debt is for a lesser amount than that set out in the notice of garnishment, the Court may, on motion, summarily determine the garnishee’s liability or order that it be determined in any manner that the Court directs.
Service and filing
(2) The party bringing the motion shall serve and file the notice of motion on all other parties within the following time limit:
(a) in the case of a motion brought by the judgment creditor or judgment debtor, within 21 days after the day on which that party is served with the declaration of garnishee; and
(b) in the case of a motion brought by the garnishee, within 21 days after the day on which the judgment creditor or judgment debtor is served with the declaration of garnishee, whichever is the earlier.
Discharge of liability
454 A payment made by a garnishee under rule 450 or in compliance with a notice of garnishment issued under subsection 449(1) or an order under rule 451 or 453, and any execution levied against a garnishee under such a notice of garnishment or order, constitutes a valid discharge of the garnishee’s liability to the judgment debtor to the extent of the amount paid or levied, even if the attachment is later set aside or the order or notice of garnishment from which it arose is later reversed.
Other interested person
455 (1) A person, other than a judgment debtor, who claims to have an interest in the debt sought to be attached may, by motion, state the nature of their interest and the relief sought.
Determination of validity of claim
(2) On motion brought under subsection (1), the Court may summarily determine the questions at issue between the claimants or order that they be determined in any manner that it directs.
Order for payment
456 (1) A judgment creditor shall not file a requisition under subsection 449(1) in respect of money that is standing to the credit of the judgment debtor in court. However, they 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.
Limitation
(2) If a motion is brought under subsection (1), the money to which the motion relates shall not be paid out of court until after the determination of the motion.
Service of notice of motion
(3) Unless the Court directs otherwise, the notice of a motion brought 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.
Costs related to requisition
457 Unless the Court directs otherwise, the costs of a requisition under subsection 449(1) and any related proceedings shall be retained by the judgment creditor out of the money recovered and be in priority to the judgment debt.
— SOR/2021-245, s. 14
14 Subparagraphs 458(1)(a)(i) and (ii) of the Rules are replaced by the following:
(i) on real property or immoveables, or on an interest in real property or a right in immoveables, if the judgment debtor, directly or indirectly, owns the real property or immoveables, holds an interest in the real property, including a beneficial interest, or holds an immoveable right or has a claim to the immoveables, including as beneficiary under a trust or succession, in Form 458A, or
(ii) on any interest or right, including a beneficial interest, in any shares, bonds or other securities specified in the order, to which the judgment debtor is directly or indirectly entitled, in Form 458B; and
— SOR/2021-245, s. 15
15 Form 327 of the Rules is replaced by the following:
FORM 327ARule 327Notice of Application for Registration of a Foreign Judgment
(General Heading – Use Form 66)Notice of Application for Registration of a Foreign Judgment
A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for registration 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.
(Include the following paragraph if the application is brought ex parte)
THIS APPLICATION is brought ex parte under rule 328 of the Federal Courts Rules and, unless the Court orders otherwise, will be decided on the basis of written representations and without notice to the respondent.
(Date)
Issued by: (Registry Officer)
Address of local office: Application
1 The applicant 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) under
(Select one of the following options.)
□ sections 80 to 89 of the Marine Liability Act
□ the Canada-United Kingdom Civil and Commercial Judgments Convention Act
2 The grounds for the application are
(Select applicable options and provide information indicated.)
□ the judgment is one to which (specify the statute or statutory provisions selected above) applies
□ (specify the statute or statutory provisions selected above) does not preclude registration of the judgment
□ 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 the registration is nevertheless permitted.)
3 The following documentary evidence is relied on in support of this application:
(Select applicable options and provide documents indicated.)
□ an exemplified or certified copy of the foreign judgment and any reasons, including dissenting reasons, given in respect of that judgment
□ the affidavit of (name)(see requirements set out in 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 numbers of solicitor or applicant)FORM 327BRule 327Notice of Application for Recognition and Enforcement of an Arbitral Award
(General Heading – Use Form 66)Notice of Application for Recognition and Enforcement of an Arbitral Award
A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for recognition and enforcement in Canada of an arbitral award granted against (name of respondent) by (name of arbitral tribunal) in (name of country or state) on (date). The claim made by the applicant appears on the following pages.
(Include the following paragraph if the application is brought ex parte)
THIS APPLICATION is brought ex parte under rule 328 of the Federal Courts Rules and, unless the Court orders otherwise, will be decided on the basis of written representations and without notice to the respondent.
(Date)
Issued by: (Registry Officer)
Address of local office: Application
1 The applicant applies for recognition and enforcement of an arbitral award granted against (name of respondent) by (name of arbitral tribunal) in (name of country or state) on (date) under
(Select one of the following options.)
□ subsection 5(2) of the Commercial Arbitration Act
□ articles 35 and 36 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act
2 The grounds for the application are
(Select applicable options and provide information indicated.)
□ the arbitral award is one to which (specify the statute or statutory provisions selected above) applies
□ (specify the statute or statutory provisions selected above) does not preclude the recognition and enforcement of the arbitral award
□ the respondent appeared (or did not appear) before the (name of arbitral tribunal) that granted the arbitral award (If the respondent did not appear, explain why the recognition and enforcement are nevertheless permitted.)
3 The following documentary evidence is relied on in support of this application:
(Select applicable options and provide documents indicated.)
□ an exemplified or certified copy of the arbitral award and any reasons, including dissenting reasons, given in respect of that arbitral award
□ a copy of any arbitration agreement under which the arbitral award was made
□ the affidavit of (name)(see requirements set out in 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 numbers of solicitor or applicant)
— SOR/2021-245, s. 16
16 Form 425A of the Rules is replaced by the following:
FORM 425ARules 425 and 437Writ 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 beginning on (date);(b) $
for costs together with interest at per cent per year beginning 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.
(Include the following sentence if validity of writ was extended under subsection 437(2) of the Federal Courts Rules.)
THE VALIDITY OF THIS WRIT WAS EXTENDED on (date).
(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 numbers of solicitor or party filing writ)
— SOR/2021-245, s. 17
17 Forms 458A and 458B of the Rules are replaced by the following:
FORM 449ARule 449Requisition for Notice of Garnishment
(General Heading – Use Form 66)Requisition for Notice of Garnishment
TO THE ADMINISTRATOR:
I REQUIRE that a notice of garnishment, conforming to the attached Form 449B, be issued in this proceeding. The total amount to be shown in the notice of garnishment is $
, as follows:(a) $
for the debt owing or accruing under the order; and(b) $
for postjudgment interest accrued to date.
(Include a copy of the order for the payment of money and an affidavit containing the information required under subsection 449(2) of the Federal Courts Rules.)
(Date)
(Signature of solicitor or judgment creditor)(Name, address, telephone and fax numbers of solicitor or judgment creditor)FORM 449BRule 449Notice of Garnishment
(Court File No.)
BETWEEN:
(name)
Judgment creditor
and
(name)
Judgment debtor
and
(name)
Garnishee
(Court seal)
Notice of Garnishment
TO: (name and address of garnishee)
A PROCEEDING in this Court between the judgment creditor and the judgment debtor has resulted in an order that the judgment debtor pay a sum of money to the judgment creditor. The judgment creditor claims that you owe a debt to the judgment debtor. The judgment creditor has requisitioned this notice of garnishment to be directed to you as garnishee in order to seize any debt that you owe or will owe to the judgment debtor.
WITHIN 21 DAYS after the day on which this notice is served on you, YOU ARE REQUIRED TO FILE WITH THE COURT AND SERVE ON THE JUDGMENT CREDITOR AND JUDGMENT DEBTOR named above a sworn declaration of garnishee, in Form 449C, that contains
(a) a list of all debts owing or accruing to the judgment debtor; and
(b) if you dispute liability to pay a debt claimed to be owing or accruing to the judgment debtor or claim the debt is for a lesser amount than that set out in this notice, any relevant information, including any supporting documents not contained in the requisition for notice of garnishment.
YOU SHALL NOT PAY THE JUDGMENT DEBTOR ANY AMOUNT of the debt without leave of the Court, except for the portion of wages or salary exempted under rule 452 of the Federal Courts Rules.
YOU ARE REQUIRED TO PAY INTO COURT the debt, or as much of the debt as is sufficient to satisfy the judgment, for each debt to which you admit liability, subject to the exemptions provided under rule 452 of the Federal Courts Rules. IF YOU DO NOT MAKE THIS PAYMENT AND DO NOT FILE A DECLARATION OF GARNISHEE IN FORM 449C, the Court may order you to pay the amount owing to the judgment creditor as if you were the judgment debtor.
EACH PAYMENT SHALL BE SENT by certified cheque or other bill of exchange for money in Canadian currency, payable to the Receiver General, with a copy of this notice to the Registry of the Court at the address shown below, and notice of payment shall be provided to the judgment creditor.
(Date)
Issued by : (Registry Officer)
Address of local office: Judgment creditor’s addressJudgment debtor’s addressFORM 449CRule 449Declaration of Garnishee
(Court File No.)
BETWEEN:
(name)
Judgment creditor
and
(name)
Judgment debtor
and
(name)
Garnishee
Declaration of Garnishee
1 The garnishee, (insert name or names), admits that they owe or will owe the judgment debtor, or the judgment debtor and one or more co-owners, the amount of $
, payable on (date), because (State reasons why you owe money to the judgment debtor. If you are making payment of less than the amount stated above, explain why. If you owe the judgment debtor wages or salary, state how often the judgment debtor is paid, the amount of the judgment debtor’s wages or salary before and after all deductions and attach a copy of a pay slip.)2 The following is a list of all debts that the garnishee admits that they owe to the judgment debtor by reason of an obligation incurred on or before the day on which this declaration is made:
3 (If you dispute liability to pay a debt claimed to be owing or accruing to the judgment debtor or if you claim the debt is for a lesser amount than that set out in the notice of garnishment, explain why. Provide any relevant information, including any supporting documents not contained in the requisition for notice of garnishment.)
4 (If you have been served with any other notice of garnishment or a writ of execution against the judgment debtor, provide a copy of that document, the date of its service on you and the address of the issuing Court.)
(Date)
(Signature of solicitor or garnishee)(Name, address, telephone and fax numbers of solicitor or garnishee)FORM 458ARule 458Interim Charging Order — Real Property or Immoveables
(General Heading — Use Form 66)Interim Charging Order — Real Property or Immoveables
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) owns real property or immoveables, or holds an interest in the real property, including a beneficial interest, or holds an immoveable right or a claim to the 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 immoveables, or their interest in the real property, including their beneficial interest, or their immoveable right or their claim to the immoveables, including their right or claim as a beneficiary under a trust or succession, 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 immoveables, the relevant interest in real property or the relevant right or claim in the immoveables.)
FORM 458BRule 458Interim Charging Order — Securities
(General Heading — Use Form 66)Interim Charging Order — Securities
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 an interest or right 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 (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 or right in the securities, including any beneficial interest, to which the defendant (or as the case may be) is directly or indirectly entitled, 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 right or beneficial interest charged is in the securities only or in the dividends or interest as well.)
— SOR/2021-246, s. 1
1 The definitions address for service and solicitor of record in rule 2 of the Federal Courts RulesFootnote 1 are replaced by the following:
Return to footnote 1SOR/98-106; SOR/2004-283, s. 2
- address for service
address for service means a party’s address for service under rule 126.1. (adresse aux fins de signification)
- solicitor of record
solicitor of record means a solicitor of record as described in rule 123 or 124. (avocat inscrit au dossier)
— SOR/2021-246, s. 2
2 Paragraph 66(2)(c) of the Rules is replaced by the following:
(c) the name, address, telephone number and, if any, fax number of the solicitor or party who is filing the document;
(c.1) the party’s address for service; and
— SOR/2021-246, s. 3
3 Rule 119 of the Rules is renumbered as subsection 119(1) and is amended by adding the following:
Limited-scope representation
(2) Except in respect of a party referred to in rule 121, representation by a solicitor may be limited in scope to only those aspects of the proceeding that are within a solicitor’s mandate that is agreed to by the individual and the solicitor.
— SOR/2021-246, s. 4
4 Rules 122 to 124 of the Rules are replaced by the following:
Rights and obligations
122 Subject to paragraphs 146(1)(b) and 152(2)(a) and unless the Court orders otherwise,
(a) a party who is not represented by a solicitor, or a person who is 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; and
(b) a party who is represented by a solicitor who is providing limited-scope representation shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules in respect of those aspects of the proceeding that are not within the solicitor’s mandate.
Solicitor of Record
Solicitor of record
123 (1) If 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.
Limited-scope representation
(2) If a solicitor is providing limited-scope representation to a party, the solicitor is the solicitor of record only in respect of those aspects of the proceeding that are within the solicitor’s mandate.
Appointment, change and removal of solicitor of record
124 (1) Subject to subsections (2) and (3), a party may appoint a solicitor, or change or remove its solicitor of record, by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.
Limited-scope representation — notice of appointment
(2) A party may appoint a solicitor to provide limited-scope representation by serving and filing a notice of limited-scope representation, in Form 124D, that is signed by the party and the solicitor and that sets out
(a) the scope of the solicitor’s mandate;
(b) whether it is the party or the solicitor who is to be served with documents relating to the mandate; and
(c) if it is the solicitor who is to be served, the solicitor’s address for service.
Limited-scope representation
(3) However, with leave of the Court, a party may appoint a solicitor to provide limited-scope representation before serving and filing the notice referred to in subsection (2).
Request for leave
(4) The request for leave shall be made in open court by the solicitor and shall summarize the scope of their mandate. If the request is granted, the party shall file the notice referred to in subsection (2) within two days after the day on which leave is granted.
Ceasing limited-scope representation
(5) A solicitor who is providing limited-scope representation to a party may cease representation of the party by serving a notice to cease limited-scope representation, in Form 124E that is signed by the solicitor, on that party and all other parties to the proceeding and by filing the notice.
— SOR/2021-246, s. 5
5 Rule 126 of the Rules is replaced by the following:
Cessation of representation
126 A solicitor is deemed not to represent a party if the solicitor dies or ceases to act for the party for any of the following reasons:
(a) appointment to a public office incompatible with the solicitor’s profession;
(b) suspension or disbarment as a solicitor;
(c) an order made under rule 125; or
(d) the solicitor serves and files a notice under subsection 124(5).
— SOR/2021-246, s. 6
6 The Rules are amended by adding the following before Rule 127:
Address for Service
Party’s address for service
126.1 (1) Subject to subsections (2) and (3), a party’s address for service is
(a) if the party is not represented by a solicitor, the address shown on the last document filed by the party that indicates an address in Canada; or
(b) if the party is represented by a solicitor of record, the solicitor’s address that is set out in the last document filed by the solicitor in the proceeding.
Exception — limited-scope representation
(2) If a party is represented by a solicitor who is providing limited-scope representation and who has agreed to accept the service of documents relating to their mandate, the party’s address for service in relation to those documents is the address set out for that purpose in the notice of limited-scope representation.
Exception — Crown or Attorney General of Canada
(3) The address for service for the Crown or the Attorney General of Canada is the address of the office of the Deputy Attorney General of Canada in Ottawa.
— SOR/2021-246, s. 7
7 Paragraph 139(1)(d) of the Rules is replaced by the following:
(d) transmitting it by fax to the party’s solicitor of record or to the party, as the case may be;
— SOR/2021-246, s. 8
8 The Rules are amended by adding the following after rule 148:
Service — limited-scope representation
148.1 If a party is represented by a solicitor who is providing limited-scope representation and who has agreed to accept the service of documents relating to their mandate, all documents relating to the mandate shall be served on the solicitor. All other documents shall be served on the party.
— SOR/2021-246, s. 9
9 Rule 209 of the Rules is repealed.
— SOR/2021-246, s. 10
10 Rule 340 of the Rules is replaced by the following:
Solicitor of record and address for service
340 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, unless the solicitor of record in the first instance provided limited-scope representation and they served and filed a notice under subsection 124(5).
— SOR/2021-246, s. 11
11 The Rules are amended by adding the following after Form 124C:
FORM 124DRule 124Notice of Limited-Scope Representation
(General Heading — Use Form 66)Notice of Limited-Scope Representation
The plaintiff (or as the case may be) has appointed (name) as solicitor to provide limited-scope representation in the proceeding.
1 SOLICITOR’S MANDATE
The solicitor’s representation of the plaintiff (or as the case may be) in this proceeding is limited to the following subject-matter: (Select all that are applicable and provide a description of the services to be provided, including any scheduled appearances.)
□ Application for leave filed under the Federal Courts Citizenship, Immigration and Refugee Protection Rules
(Specify)
□ Case management conference, alternate dispute resolution (including mediation)
(Specify)
□ Motion(s)
(Specify)
□ Oral submissions at a hearing (other than those related to matters above)
(Specify)
□ Appeals
(Specify)
□ Other matters relating to the proceeding
(Specify)
2 DESIGNATION FOR SERVICE OF DOCUMENTS
□ SERVICE ON SOLICITOR (Service of documents relating to the solicitor’s mandate is to be made on the solicitor.)
Address: (If service is to be made on the solicitor)
□ SERVICE ON PARTY (Service of documents relating to the solicitor’s mandate is to be made on the party.)
3 DECLARATIONS
The undersigned solicitor and plaintiff (as the case may be) each declare that this notice accurately describes the solicitor’s mandate and the arrangements for the service of documents relating to that mandate.
(Date)
(Signature of solicitor of record)(Name, address, telephone and fax numbers of solicitor of record)(Signature of plaintiff (as the case may be)(Name, address, telephone and fax numbers of plaintiff (as the case may be)TO: (Name and address of other solicitors or parties)
FORM 124ERule 124Notice to Cease Limited-Scope Representation
(General Heading — Use Form 66)Notice to Cease Limited-Scope Representation
TAKE NOTICE THAT I, (name of solicitor), solicitor, am no longer providing (name of party) with limited-scope representation and I have ceased to represent them.
(Date)
(Signature of solicitor of record)(Name, address, telephone and fax numbers of solicitor of record)TO: (Name and address of other solicitors or parties)
— SOR/2021-246, s. 12
12 The table to Tariff B of the Rules is amended by adding the following in numerical order:
Item Assessable Service Number of Units Column I Column II Column III Column IV Column V 29 Notice of limited-scope representation 1 1 1 1 1
- Date modified: