Federal Courts Rules (SOR/98-106)

Regulations are current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

Marginal note:Failure to attend or misconduct

97. Where a person fails to attend an oral examination or refuses to take an oath, answer a proper question, produce a document or other material required to be produced or comply with an order made under rule 96, the Court may

  • (a) order the person to attend or re-attend, as the case may be, at his or her own expense;

  • (b) order the person to answer a question that was improperly objected to and any proper question arising from the answer;

  • (c) strike all or part of the person's evidence, including an affidavit made by the person;

  • (d) dismiss the proceeding or give judgment by default, as the case may be; or

  • (e) order the person or the party on whose behalf the person is being examined to pay the costs of the examination.

Marginal note:Contempt order

98. A person who does not comply with an order made under rule 96 or 97 may be found in contempt.

Written Examinations

Marginal note:Written examination

  • 99. (1) A party who intends to examine a person by way of a written examination shall serve a list of concise, separately numbered questions in Form 99A for the person to answer.

  • Marginal note:Objections

    (2) A person who objects to a question in a written examination may bring a motion to have the question struck out.

  • Marginal note:Answers to written examination

    (3) A person examined by way of a written examination shall answer by way of an affidavit.

  • Marginal note:Service of answers

    (4) An affidavit referred to in subsection (3) shall be in Form 99B and be served on every other party within 30 days after service of the written examination under subsection (1).

Marginal note:Application of oral examination rules

100. Rules 94, 95, 97 and 98 apply to written examinations, with such modifications as are necessary.

Joinder, Intervention and Parties

Joinder

Marginal note:Joinder of claims

  • 101. (1) Subject to rule 302, a party to a proceeding may request relief against another party to the same proceeding in respect of more than one claim.

  • Marginal note:Separate capacity

    (2) A party may request relief in a separate capacity in respect of different claims in a single proceeding.

  • Marginal note:Interest in all relief not essential

    (3) Not all parties to a proceeding need have an interest in all relief claimed in the proceeding.

Marginal note:Multiple persons joined as parties

102. Two or more persons who are represented by the same solicitor may join in one proceeding as plaintiffs, applicants or appellants where

  • (a) if separate proceedings were brought by each of them, a common question of law or fact would arise in all of the proceedings; or

  • (b) the relief claimed, whether joint, several or alternative, arises from substantially the same facts or matter.