Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-09-01 and last amended on 2013-08-08. Previous Versions

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

  • Marginal note:Affidavits on belief

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

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

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

Marginal note:Cross-examination on affidavits

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

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

  • Marginal note:Filing of affidavit after cross-examination

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

Marginal note:Due diligence

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

Marginal note:Transcript of cross-examination on affidavit

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

Examinations out of Court

General

Definition of “examination”

 In rules 88 to 100, “examination” means

  • (a) an examination for discovery;

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

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

  • (d) an examination in aid of execution.

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

  • Marginal note:Electronic communications

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