Federal Courts Rules (SOR/98-106)

Regulations are current to 2016-05-12 and last amended on 2015-01-30. Previous Versions

Summary Judgment and Summary Trial

Motion and Service

Marginal note:Motion by a party
  •  (1) A party may bring a motion for summary judgment or summary trial on all or some of the issues raised in the pleadings at any time after the defendant has filed a defence but before the time and place for trial have been fixed.

  • Marginal note:Further motion

    (2) If a party brings a motion for summary judgment or summary trial, the party may not bring a further motion for either summary judgment or summary trial except with leave of the Court.

  • Marginal note:Obligations of moving party

    (3) A motion for summary judgment or summary trial in an action may be brought by serving and filing a notice of motion and motion record at least 20 days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Obligations of responding party

    (4) A party served with a motion for summary judgment or summary trial shall serve and file a respondent’s motion record not later than 10 days before the day set out in the notice of motion for the hearing of the motion.

  • SOR/2009-331, s. 3.

Summary Judgment

Marginal note:Facts and evidence required

 A response to a motion for summary judgment shall not rely on what might be adduced as evidence at a later stage in the proceedings. It must set out specific facts and adduce the evidence showing that there is a genuine issue for trial.

  • SOR/2009-331, s. 3.
Marginal note:If no genuine issue for trial
  •  (1) If on a motion for summary judgment the Court is satisfied that there is no genuine issue for trial with respect to a claim or defence, the Court shall grant summary judgment accordingly.

  • Marginal note:Genuine issue of amount or question of law

    (2) If the Court is satisfied that the only genuine issue is

    • (a) the amount to which the moving party is entitled, the Court may order a trial of that issue or grant summary judgment with a reference under rule 153 to determine the amount; or

    • (b) a question of law, the Court may determine the question and grant summary judgment accordingly.

  • Marginal note:Powers of Court

    (3) If the Court is satisfied that there is a genuine issue of fact or law for trial with respect to a claim or a defence, the Court may

    • (a) nevertheless determine that issue by way of summary trial and make any order necessary for the conduct of the summary trial; or

    • (b) dismiss the motion in whole or in part and order that the action, or the issues in the action not disposed of by summary judgment, proceed to trial or that the action be conducted as a specially managed proceeding.

  • SOR/2009-331, s. 3.

Summary Trial

Marginal note:Motion record for summary trial
  •  (1) The motion record for a summary trial shall contain all of the evidence on which a party seeks to rely, including

    • (a) affidavits;

    • (b) admissions under rule 256;

    • (c) affidavits or statements of an expert witness prepared in accordance with subsection 258(5); and

    • (d) any part of the evidence that would be admissible under rules 288 and 289.

  • Marginal note:Further affidavits or statements

    (2) No further affidavits or statements may be served, except

    • (a) in the case of the moving party, if their content is limited to evidence that would be admissible at trial as rebuttal evidence and they are served and filed at least 5 days before the day set out in the notice of motion for the hearing of the summary trial; or

    • (b) with leave of the Court.

  • Marginal note:Conduct of summary trial

    (3) The Court may make any order required for the conduct of the summary trial, including an order requiring a deponent or an expert who has given a statement to attend for cross-examination before the Court.

  • Marginal note:Adverse inference

    (4) The Court may draw an adverse inference if a party fails to cross-examine on an affidavit or to file responding or rebuttal evidence.

  • Marginal note:Dismissal of motion

    (5) The Court shall dismiss the motion if

    • (a) the issues raised are not suitable for summary trial; or

    • (b) a summary trial would not assist in the efficient resolution of the action.

  • Marginal note:Judgment generally or on issue

    (6) If the Court is satisfied that there is sufficient evidence for adjudication, regardless of the amounts involved, the complexities of the issues and the existence of conflicting evidence, the Court may grant judgment either generally or on an issue, unless the Court is of the opinion that it would be unjust to decide the issues on the motion.

  • Marginal note:Order disposing of action

    (7) On granting judgment, the Court may make any order necessary for the disposition of the action, including an order

    • (a) directing a trial to determine the amount to which the moving party is entitled or a reference under rule 153 to determine that amount;

    • (b) imposing terms respecting the enforcement of the judgment; and

    • (c) awarding costs.

  • Marginal note:Trial or specially managed proceeding

    (8) If the motion for summary trial is dismissed in whole or in part, the Court may order the action, or the issues in the action not disposed of by summary trial, to proceed to trial or order that the action be conducted as a specially managed proceeding.

  • SOR/2009-331, s. 3.

General

Marginal note:Right of plaintiff who obtains judgment

 A plaintiff who obtains judgment under rule 215 or 216 may proceed against the same defendant for any other relief and may proceed against any other defendant for the same or any other relief.

  • SOR/2009-331, s. 3.
Marginal note:Powers of Court

 If judgment under rule 215 or 216 is refused or is granted only in part, the Court may make an order specifying which material facts are not in dispute and defining the issues to be tried and may also make an order

  • (a) for payment into court of all or part of the claim;

  • (b) for security for costs; or

  • (c) limiting the nature and scope of the examination for discovery to matters not covered by the affidavits filed on the motion for summary judgment or summary trial or by any cross-examination on them and providing for their use at trial in the same manner as an examination for discovery.

  • SOR/2009-331, s. 3.
Marginal note:Stay of execution

 On granting judgment under rule 215 or 216, the Court may order that enforcement of the judgment be stayed pending the determination of any other issue in the action or in a counterclaim or third party claim.

  • SOR/2009-331, s. 3.

Questions of Law

Marginal note:Preliminary determination of question of law or admissibility
  •  (1) A party may bring a motion before trial to request that the Court determine

    • (a) a question of law that may be relevant to an action;

    • (b) a question as to the admissibility of any document, exhibit or other evidence; or

    • (c) questions stated by the parties in the form of a special case before, or in lieu of, the trial of the action.

  • Marginal note:Contents of determination

    (2) Where, on a motion under subsection (1), the Court orders that a question be determined, it shall

    • (a) give directions as to the case on which the question shall be argued;

    • (b) fix time limits for the filing and service of motion records by the parties; and

    • (c) fix a time and place for argument of the question.

  • Marginal note:Determination final

    (3) A determination of a question referred to in subsection (1) is final and conclusive for the purposes of the action, subject to being varied on appeal.

 
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