Federal Courts Rules (SOR/98-106)

Marginal note:Validating service

147. Where a document has been served in a manner not authorized by these Rules or by an order of the Court, the Court may consider the document to have been validly served if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person's notice except for the person's avoidance of service.

Marginal note:Where document does not reach person served

148. On the motion of a party who did not have notice of a served document or did not obtain notice of it at the time of service, the Court may set aside the consequences of default or grant an extension of time or an adjournment, notwithstanding that the party was served with the document in accordance with these Rules.

Marginal note:Payments into court

• 149. (1) A person who pays money into court shall deliver to the Registry

  • (a) a certified cheque or other bill of exchange drawn on a bank, trust company, credit union or caisse populaire or any other bill of exchange authorized by order of the Court, payable to the order of the Receiver General; and

  • (b) three copies of a tender of payment into court in Form 149.

• Marginal note:Effective date of payment

  (2) Payment into court by a certified cheque or other bill of exchange that is paid on presentation for payment is effective on the day on which it was delivered to the Registry.

• Marginal note:Receipt for payment

  (3) When a certified cheque or other bill of exchange is paid, the Administrator shall endorse or acknowledge receipt on a copy of the tender of payment into court and return it to the person who made the payment.

Marginal note:Payment out of court

150. Where an order has been made by the Court for payment out of court of money that is in the Consolidated Revenue Fund, a requisition shall be made by the Administrator to the Receiver General for an instrument for the amount to be paid out.

Marginal note:Motion for order of confidentiality

• 151. (1) On motion, the Court may order that material to be filed shall be treated as confidential.

• Marginal note:Demonstrated need for confidentiality

  (2) Before making an order under subsection (1), the Court must be satisfied that the material should be treated as confidential, notwithstanding the public interest in open and accessible court proceedings.

Marginal note:Marking of confidential material

• 152. (1) Where the material is required by law to be treated confidentially or where the Court orders that material be treated confidentially, a party who files the material shall separate and clearly mark it as confidential, identifying the legislative provision or the Court order under which it is required to be treated as confidential.

• Marginal note:Access to confidential material

  (2) Unless otherwise ordered by the Court,

  • (a) only a solicitor of record, or a solicitor assisting in the proceeding, who is not a party is entitled to have access to confidential material;

  • (b) confidential material shall be given to a solicitor of record for a party only if the solicitor gives a written undertaking to the Court that he or she will

    • (i) not disclose its content except to solicitors assisting in the proceeding or to the Court in the course of argument,

    • (ii) not permit it to be reproduced in whole or in part, and

    • (iii) destroy the material and any notes on its content and file a certificate of their destruction or deliver the material and notes as ordered by the Court, when the material and notes are no longer required for the proceeding or the solicitor ceases to be solicitor of record;

  • (c) only one copy of any confidential material shall be given to the solicitor of record for each party; and

  • (d) no confidential material or any information derived therefrom shall be disclosed to the public.

• Marginal note:Order to continue

  (3) An order made under subsection (1) continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.