Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-04-02 and last amended on 2013-08-08. Previous Versions

Marginal note:Parties under legal disability or acting in representative capacity

 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.

  • SOR/2002-417, s. 13;
  • SOR/2007-301, s. 5.
Marginal note:Rights and obligations of party acting in person

 Subject to paragraphs 152(2)(a) and 146(1)(b), unless the Court orders otherwise, a party not represented by a solicitor or a person authorized under rule 120 to represent a party shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.

Solicitor of Record

Marginal note:Deemed solicitor of record

 Where a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party.

Marginal note:Notice of change or removal of solicitor

 A party may change or remove its solicitor of record or appoint a solicitor of record by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.

Marginal note:Motion for removal of solicitor of record
  •  (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record.

  • Marginal note:Manner of service

    (2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor

    • (a) by personal service; or

    • (b) where personal service cannot practicably be effected,

      • (i) by mailing the notice of motion to the party at the party's last known address, or

      • (ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated.

  • Marginal note:Order to be served

    (3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding.

  • Marginal note:Proof of service

    (4) An order under subsection (1) does not take effect until proof of its service has been filed.

Marginal note:Solicitor of record ceasing to act

 A party is deemed not to be represented by a solicitor if the party does not appoint a new solicitor after its solicitor of record

  • (a) dies; or

  • (b) ceases to act for the party because of

    • (i) appointment to a public office incompatible with the solicitor's profession,

    • (ii) suspension or disbarment as a solicitor, or

    • (iii) an order made under rule 125.