Federal Courts Rules (SOR/98-106)

Regulations are current to 2016-08-01 and last amended on 2015-01-30. Previous Versions

Marginal note:Notice of appearance

 A respondent who intends to appear in respect of an application shall, within 10 days after being served with a notice of application, serve and file a notice of appearance in Form 305.

  • SOR/2013-18, s. 7.
Marginal note:Applicant’s affidavits

 Within 30 days after issuance of a notice of application, an applicant shall serve its supporting affidavits and documentary exhibits and file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.

  • SOR/2007-301, s. 12(F);
  • SOR/2010-177, s. 3.
Marginal note:Respondent’s affidavits

 Within 30 days after service of the applicant’s affidavits, a respondent shall serve its supporting affidavits and documentary exhibits and shall file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.

  • SOR/2007-301, s. 12(F);
  • SOR/2010-177, s. 3.
Marginal note:Cross-examinations

 Cross-examination on affidavits must be completed by all parties within 20 days after the filing of the respondent's affidavits or the expiration of the time for doing so, whichever is earlier.

Marginal note:Applicant's record
  •  (1) An applicant shall serve and file the applicant’s record within 20 days after the day on which the parties’ cross-examinations are completed or within 20 days after the day on which the time for those cross-examinations is expired, whichever day is earlier.

  • Marginal note:Number of copies

    (1.1) The applicant shall file

    • (a) if the application is brought in the Federal Court, an electronic copy of or three paper copies of the record; and

    • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of the record.

  • Marginal note:Contents of applicant's record

    (2) An applicant's record shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) the notice of application;

    • (c) any order in respect of which the application is made and any reasons, including dissenting reasons, given in respect of that order;

    • (d) each supporting affidavit and documentary exhibit;

    • (e) the transcript of any cross-examination on affidavits that the applicant has conducted;

    • (e.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the applicant at the hearing;

    • (f) the portions of any transcript of oral evidence before a tribunal that are to be used by the applicant at the hearing;

    • (g) a description of any physical exhibits to be used by the applicant at the hearing; and

    • (h) the applicant's memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of an applicant’s record, it shall be retained by the applicant for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33;
  • SOR/2006-219, s. 10;
  • SOR/2010-177, s. 4;
  • SOR/2013-18, s. 8;
  • SOR/2015-21, s. 18.
Marginal note:Respondent's record
  •  (1) A respondent to an application shall, within 20 days after service of the applicant’s record, serve and file the respondent’s record.

  • Marginal note:Number of copies

    (1.1) The respondent shall file

    • (a) if the application is brought in the Federal Court, an electronic copy of or three paper copies of the record; and

    • (b) if the application is brought in the Federal Court of Appeal, an electronic copy of or five paper copies of the record.

  • Marginal note:Contents of respondent's record

    (2) The record of a respondent shall contain, on consecutively numbered pages and in the following order,

    • (a) a table of contents giving the nature and date of each document in the record;

    • (b) each supporting affidavit and documentary exhibit;

    • (c) the transcript of any cross-examination on affidavits that the respondent has conducted;

    • (c.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record;

    • (d) the portions of any transcript of oral evidence before a tribunal that are to be used by the respondent at the hearing;

    • (e) a description of any physical exhibits to be used by the respondent at the hearing; and

    • (f) the respondent's memorandum of fact and law.

  • Marginal note:Retention of original affidavits

    (3) If an original affidavit is not filed as part of a respondent’s record, it shall be retained by the respondent for one year after the expiry of all appeal periods.

  • SOR/2004-283, ss. 32, 33;
  • SOR/2010-177, s. 5;
  • SOR/2013-18, s. 9;
  • SOR/2015-21, s. 19.
Marginal note:Preparation by Registry
  •  (1) On motion, the Court may order the Administrator to prepare a record on a party's behalf.

  • Marginal note:Documents to be provided

    (2) A party bringing a motion for an order under subsection (1) shall provide the Administrator with the documents referred to in subsection 309(2) or 310(2), as the case may be.

Marginal note:Additional steps

 With leave of the Court, a party may

  • (a) file affidavits additional to those provided for in rules 306 and 307;

  • (b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or

  • (c) file a supplementary record.

Marginal note:Requirement to file additional material

 Where the Court considers that the application records of the parties are incomplete, the Court may order that other material, including any portion of a transcript, be filed.

Marginal note:Requisition for hearing
  •  (1) An applicant shall, within 10 days after service of the respondent's record or the expiration of the time for doing so, whichever is earlier, serve and file a requisition, in Form 314, requesting that a date be set for the hearing of the application.

  • Marginal note:Contents of requisition

    (2) A requisition referred to in subsection (1) shall

    • (a) include a statement that the requirements of subsection 309(1) have been satisfied and that any notice required under section 57 of the Act has been given;

    • (b) set out the place at which the hearing should be held;

    • (c) set out the maximum number of hours or days required for the hearing;

    • (d) list any dates within the following 90 days on which the parties are not available for a hearing;

    • (e) set out the name, address, telephone number and fax number of the solicitor for every party to the application or, where a party is not represented by a solicitor, the person's name, address, telephone number and any fax number; and

    • (f) indicate whether the hearing will be in English or French, or partly in English and partly in French.

Marginal note:Pre-hearing conference

 The Court may order that a conference be held in accordance with rules 258 to 267, with such modifications as are necessary.

 
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