Federal Courts Rules (SOR/98-106)

FORM 18

Rule 18

REQUISITION — 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)

FORM 41

Rule 41

SUBPEONA

(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:

FORM 45

Rule 45

ORDER 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.

FORM 46

Rule 46

WARRANT 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.

FORM 52.2

Rule 52.2

CERTIFICATE 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)

FORM 66

Rule 66

GENERAL HEADING

ACTION

(Court File No.)

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)

FORM 69

Rule 69

NOTICE 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)

• TO: 

  The Attorney General of Canada

The Attorney General of (each province)

FORM 71

Rule 71

FAX 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 80A

Rule 80

AFFIDAVIT

(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)

FORM 80B

Rule 80

FORM 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.)

FORM 80C

Rule 80

FORM 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)

FORM 91

Rule 91

DIRECTION 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)

FORM 93

Rule 93

FORM 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 99A

Rule 99

WRITTEN 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)

SCHEDULE

(Set out the questions concisely, each in a separate paragraph and numbered consecutively.)

FORM 99B

Rule 99

ANSWERS 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 124A

Rule 124

NOTICE 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)

TO: (Name and address of former solicitor)

• AND TO: 

  (Names and addresses of other solicitors

or parties)

FORM 124B

Rule 124

NOTICE 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)

• TO: 

  (Name and address of other solicitors

or parties)

FORM 124C

Rule 124

NOTICE 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)

• TO: 

  (Name and address of former

solicitor of record)

• AND TO: 

  (Name and address of other solicitors

or parties)

FORM 128

Rule 128

ACKNOWLEDGMENT 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)

(The reverse side of this card must bear the name and address of the sender and the required postage.)

FORM 140

Rule 140

FAX 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 146A

Rule 146

AFFIDAVIT 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)

FORM 146B

Rule 146

SOLICITOR’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).

FORM 149

Rule 149

TENDER 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)

Receipt of the above certified cheque (or other bill of exchange) is acknowledged.

(Date)

FORM 166

Rule 166

NOTICE 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)

FORM 171A

Rule 171

STATEMENT 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)

FORM 171B

Rule 171

STATEMENT 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)

• To: 

  (Name and address of plaintiff’s

solicitor or plaintiff)

FORM 171C

Rule 171

REPLY

(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)

• To: 

  (Name and address of defendant’s

solicitor or defendant)

FORM 171D

Rule 171

COUNTERCLAIM

AGAINST 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)

• To: 

  (Names and addresses of other solicitors

or parties)

FORM 171E

Rule 171

COUNTERCLAIM

AGAINST 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.)

FORM 171F

Rule 171

DEFENCE TO COUNTERCLAIM

General 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)

• TO: (Names and addresses of other solicitors or parties)

FORM 171G

Rule 171

REPLY 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)

• TO: (Names and addresses of other solicitors or parties)

FORM 171H

Rule 171

THIRD PARTY CLAIM

AGAINST 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)

• TO: (Name and address of third party)

FORM 171I

Rule 171

THIRD PARTY CLAIM

AGAINST 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)

FORM 171J

Rule 171

THIRD 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)

• TO: (Names and addresses of other solicitors or parties)

FORM 171K

Rule 171

REPLY 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)

• TO: (Names and addresses of other solicitors or parties)

FORM 223

Rule 223

AFFIDAVIT 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.

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)

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.)

FORM 255

Rule 255

REQUEST 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)

TO: (Names and addresses of solicitor or

party on whom request is served)

FORM 256

Rule 256

RESPONSE 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)

TO: (Names and addresses of solicitor or

party on whom request is served)

FORM 258

Rule 258

REQUISITION 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)

• TO: (Name and address of each solicitor or party served with requisition)

FORM 261

Rule 261

NOTICE 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:

FORM 272A

Rule 272

ORDER 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).

FORM 272B

Rule 272

COMMISSION

(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.)

• 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)

FORM 272C

Rule 272

LETTER 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:

FORM 301

Rule 301

NOTICE 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)

FORM 305

Rule 305

NOTICE OF APPEARANCE — APPLICATION

(General Heading — Use Form 66)

NOTICE OF APPEARANCE

The respondent intends to appear in respect of this application.

(Date)

• TO: (Names and addresses of other solicitors or parties)

FORM 314

Rule 314

REQUISITION 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)

• TO: (Name and address of other solicitor

or party served with requisition)

FORM 316.2

Rule 316.2

NOTICE 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)

FORM 323

Rule 323

NOTICE 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)

• TO: (Names and addresses of other solicitors

or parties)

FORM 327

Rule 327

NOTICE 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)

  • (a) sections 63 to 71 of the Marine Liability Act;

  • (b) the Canada-United Kingdom Civil and Commercial Judgments Convention Act;

  • (c) the United Nations Foreign Arbitral Awards Convention Act; or

  • (d) Articles 35 and 36 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act

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)

FORM 337

Rule 337

NOTICE 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)

FORM 337.1

Rule 337.1

NOTICE 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

  • (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;

  • (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;

  • (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;

  • (d) based 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;

  • (e) acted, or failed to act, by reason of fraud or perjured evidence; or

  • (f) acted 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)

FORM 341A

Rule 341

NOTICE OF APPEARANCE — APPEAL

(General Heading — Use Form 66)

NOTICE OF APPEARANCE

The respondent intends to participate in this appeal.

(Date)

• TO: (Names and addresses of other solicitors or parties)

FORM 341B

Rule 341

NOTICE 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)

• TO: (Name and address of appellant’s solicitor or appellant)

FORM 344

Rule 344

CERTIFICATE 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)

FORM 347

Rule 347

REQUISITION 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)

• TO: (Names and addresses of other solicitors or parties)

FORM 359

Rule 359

NOTICE 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)

• TO: (Name and address of responding party’s solicitor or responding party)

FORM 370

Rule 370

NOTICE 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)

• TO: (Name and address of each solicitor or party served with the notice of motion)

FORM 380

Rule 380

NOTICE OF STATUS REVIEW

FEDERAL 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).

FORM 381

[Repealed, SOR/2007-214, s. 5]

FORM 382.2

Rule 382.2

NOTICE OF STATUS REVIEW

FEDERAL 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.

FORM 389

Rule 389

NOTICE 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)

(Date)

FORM 425A

Rule 425

WRIT 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:

FORM 425B

Rule 425

WRIT 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:

FORM 427

Rule 427

WRIT 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:

FORM 428

Rule 428

WRIT 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:

FORM 458A

Rule 458

INTERIM 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.

SCHEDULE

(Describe with full particulars the relevant real property or immoveable, or interest therein.)

FORM 458B

Rule 458

INTERIM 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.

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 459

Rule 459

CHARGING 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.

SCHEDULE

(As in Form 458A or 458B)

FORM 477

Rule 477

STYLE 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

FORM 481

Rule 481

WARRANT

(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:

FORM 486A

Rule 486

BAIL 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.

FORM 486B

Rule 486

NOTICE 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)

• TO: 

  (Name, address, telephone and fax number

of solicitor or party on whom notice is served)

FORM 486C

Rule 486

NOTICE 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)

• TO: 

  (Name, address, telephone and fax number

of solicitor or party on whom notice is served)

FORM 487

Rule 487

RELEASE

(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:

FORM 490

Rule 490

COMMISSION 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:

FORM 493A

Rule 493

CAVEAT 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)

FORM 493B

Rule 493

CAVEAT 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)

FORM 493C

Rule 493

CAVEAT 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)

FORM 495

Rule 495

NOTICE 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)