Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-10-27 and last amended on 2013-08-08. Previous Versions

General

Marginal note:Right of plaintiff who obtains judgment

 A plaintiff who obtains judgment under rule 215 or 216 may proceed against the same defendant for any other relief and may proceed against any other defendant for the same or any other relief.

  • SOR/2009-331, s. 3.
Marginal note:Powers of Court

 If judgment under rule 215 or 216 is refused or is granted only in part, the Court may make an order specifying which material facts are not in dispute and defining the issues to be tried and may also make an order

  • (a) for payment into court of all or part of the claim;

  • (b) for security for costs; or

  • (c) limiting the nature and scope of the examination for discovery to matters not covered by the affidavits filed on the motion for summary judgment or summary trial or by any cross-examination on them and providing for their use at trial in the same manner as an examination for discovery.

  • SOR/2009-331, s. 3.
Marginal note:Stay of execution

 On granting judgment under rule 215 or 216, the Court may order that enforcement of the judgment be stayed pending the determination of any other issue in the action or in a counterclaim or third party claim.

  • SOR/2009-331, s. 3.

Questions of Law

Marginal note:Preliminary determination of question of law or admissibility
  •  (1) A party may bring a motion before trial to request that the Court determine

    • (a) a question of law that may be relevant to an action;

    • (b) a question as to the admissibility of any document, exhibit or other evidence; or

    • (c) questions stated by the parties in the form of a special case before, or in lieu of, the trial of the action.

  • Marginal note:Contents of determination

    (2) Where, on a motion under subsection (1), the Court orders that a question be determined, it shall

    • (a) give directions as to the case on which the question shall be argued;

    • (b) fix time limits for the filing and service of motion records by the parties; and

    • (c) fix a time and place for argument of the question.

  • Marginal note:Determination final

    (3) A determination of a question referred to in subsection (1) is final and conclusive for the purposes of the action, subject to being varied on appeal.

Striking Out Pleadings

Marginal note:Motion to strike
  •  (1) On motion, the Court may, at any time, order that a pleading, or anything contained therein, be struck out, with or without leave to amend, on the ground that it

    • (a) discloses no reasonable cause of action or defence, as the case may be,

    • (b) is immaterial or redundant,

    • (c) is scandalous, frivolous or vexatious,

    • (d) may prejudice or delay the fair trial of the action,

    • (e) constitutes a departure from a previous pleading, or

    • (f) is otherwise an abuse of the process of the Court,

    and may order the action be dismissed or judgment entered accordingly.

  • Marginal note:Evidence

    (2) No evidence shall be heard on a motion for an order under paragraph (1)(a).