Federal Courts Rules (SOR/98-106)

Marginal note:Amendments with leave

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

• Marginal note:Limitation

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

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

  • (b) a new hearing is ordered; or

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

Marginal note:Leave to amend

76. With leave of the Court, an amendment may be made

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

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

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

Marginal note:Amendment after expiration of limitation period

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

Marginal note:Effect of amendment

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

Marginal note:Manner of amending

• 79. (1) A filed document may be amended

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

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

• Marginal note:Citation of rule or order

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

Marginal note:Form of affidavits

• 80. (1) Affidavits shall be drawn in the first person, in Form 80A.

• Marginal note:Affidavit by blind or illiterate person

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

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

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

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

  • (b) contain a jurat in Form 80C.

• Marginal note:Exhibits

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