Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-12-08 and last amended on 2013-08-08. Previous Versions

Marginal note:Further medical examination

 On motion, the Court may order further medical examinations in accordance with rule 250, on such terms as it considers just.

Marginal note:Medical report
  •  (1) After conducting a medical examination under rule 250, the medical practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and forthwith provide the report to the party who obtained the order.

  • Marginal note:Service of medical report

    (2) A party who obtains an order under rule 250 shall forthwith serve the report obtained pursuant to it on every other party.

  • Marginal note:Report confidential

    (3) Every person who receives a medical report under this rule shall treat it as confidential and use it only for the purposes of the action.

Marginal note:Medical practitioner as witness

 Unless the Court orders otherwise, a medical practitioner who has made an examination under an order made under subsection 250(1) may, subject to rule 279, be called as a witness at trial.

Marginal note:Costs of medical examination

 The Court may order that a party seeking an order under subsection 250(1) or rule 251 pay to the person to be examined or to a representative of the person appointed under rule 115 all necessary expenses of attending the examination.

Admissions

Marginal note:Request to admit fact or document

 A party may, after pleadings have been closed, request that another party admit a fact or the authenticity of a document by serving a request to admit, in Form 255, on that party.

Marginal note:Effect of request to admit

 A party who is served with a request to admit is deemed to admit a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in Form 256 within 20 days after its service and denies the admission, setting out the grounds for the denial.

Pre-Trial

Settlement Discussions

Marginal note:Settlement discussions

 Within 60 days after the close of pleadings, the solicitors for the parties shall discuss the possibility of settling any or all of the issues in the action and of bringing a motion to refer any unsettled issues to a dispute resolution conference.

Pre-trial Conferences

Marginal note:Requisition for pre-trial conference
  •  (1) After the close of pleadings, a party who is not in default under these Rules or under an order of the Court and who is ready for trial may serve and file a requisition for a pre-trial conference, accompanied by a pre-trial conference memorandum.

  • Marginal note:Contents of requisition

    (2) A requisition for a pre-trial conference shall be in Form 258 and include a certification by the solicitor of record that

    • (a) all examinations for discovery that the party intends to conduct have been completed; and

    • (b) settlement discussions have taken place in accordance with rule 257.

  • Marginal note:Contents of pre-trial conference memorandum

    (3) A pre-trial conference memorandum shall contain

    • (a) a concise statement of the nature of the proceeding;

    • (b) any admissions of the party;

    • (c) the factual and legal contentions of the party; and

    • (d) a statement of the issues to be determined at trial.

  • Marginal note:Documents

    (4) A pre-trial conference memorandum shall be accompanied by a copy of all documents that are intended to be used at trial that may be of assistance at the pre-trial conference, including all affidavits or statements of expert witnesses.

  • (5) [Repealed, SOR/2010-176, s. 4]

  • SOR/2006-219, s. 2;
  • SOR/2010-176, s. 4.