Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-07-09 and last amended on 2015-01-30. Previous Versions

Marginal note:Time of filing

 Unless the Court directs otherwise, a document that is accepted for filing is deemed to have been filed at the time the document was submitted for filing.

  • SOR/2015-21, s. 13.
Marginal note:Paper copies — fax or electronic transmission

 A person who files a document by fax or electronic transmission shall, if required by the Court, provide the Registry with the same number of paper copies of the document as would have been required had the document been filed in paper copy.

  • SOR/2015-21, s. 13.
Marginal note:Retention and provision of paper copy

 A person who, by electronic transmission, files a document that is originally in paper copy and that bears a signature shall retain the paper copy of the document for the duration of any appeal and for 30 days after the expiry of all appeal periods and, if required by the Court, provide that paper copy to the Registry.

  • SOR/2015-21, s. 13.
Marginal note:Proof of service

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

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

  • Marginal note:Opportunity for interested parties to be heard

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

Amendments

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

  • Marginal note:Limitation

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

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

    • (b) a new hearing is ordered; or

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

Marginal note:Leave to amend

 With leave of the Court, an amendment may be made

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

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

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