Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-03-16 and last amended on 2013-08-08. 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.