Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-05-11 and last amended on 2015-01-30. Previous Versions

Amendment of Pleadings

Marginal note:Amendment as of right

 Notwithstanding rules 75 and 76, a party may, without leave, amend any of its pleadings at any time before another party has pleaded thereto or on the filing of the written consent of the other parties.

Marginal note:Amendment to add new cause of action

 An amendment may be made under rule 76 notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of substantially the same facts as a cause of action in respect of which the party seeking the amendment has already claimed relief in the action.

Close of Pleadings

Marginal note:Close of pleadings

 Pleadings are closed

  • (a) where a statement of defence has not been filed within the period set out in rule 204, on the expiration of that period;

  • (b) on the filing of a reply; or

  • (c) on the expiration of the time for filing a reply.

Time for Service of Pleadings

Marginal note:Statement of claim
  •  (1) A statement of claim shall be served within 60 days after it is issued.

  • Marginal note:Proof of service

    (2) Proof of service of a statement of claim shall be filed within the time set out in rule 204 for the service and filing of a statement of defence.

Marginal note:Defence

 A defendant shall defend an action by serving and filing a statement of defence within

  • (a) 30 days after service of the statement of claim, if the defendant is served in Canada;

  • (b) 40 days after service of the statement of claim, if the defendant is served in the United States; and

  • (c) 60 days after service of the statement of claim, if the defendant is served outside Canada and the United States.

Marginal note:Reply

 A plaintiff's reply to a statement of defence shall be served and filed within 10 days after service of the statement of defence.

Marginal note:Documents referred to in pleadings

 A copy of every document referred to in a pleading shall be served with the pleading or within 10 days after service of the pleading, unless

  • (a) the party being served waives its right to the copy; or

  • (b) the Court orders otherwise.

Marginal note:Service of counterclaim where no new party added
  •  (1) Where a counterclaim is brought against a plaintiff only, or against only a plaintiff and another party to the action, the statement of defence and counterclaim shall be served and filed within the time set out in rule 204.

  • Marginal note:Exception

    (2) Where a defendant to a counterclaim who is also a defendant in the action has failed to file a statement of defence in the action, that defendant shall be served personally with a statement of defence and counterclaim.