Federal Courts Rules (SOR/98-106)

Regulations are current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

Marginal note:General Sittings of Trial Division

  • 34. (1) General Sittings of the Federal Court for the hearing of motions shall be held, except during the Christmas or summer recess or on a holiday,

    • (a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;

    • (b) at Toronto and Vancouver, every Monday and on any other day fixed by the Chief Justice of the Federal Court;

    • (c) in Quebec,

      • (i) at Montreal, every Monday and on any other day fixed by the Chief Justice of the Federal Court, and

      • (ii) on a day and at any other place fixed by the Chief Justice of the Federal Court; and

    • (d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.

  • Marginal note:Cancellation

    (2) General Sittings may be cancelled by the Chief Justice of the Federal Court if no notice of a motion to be presented at the Sittings has been filed

    • (a) in Ottawa, Montreal, Toronto or Vancouver, at least two days before the day of the Sittings; and

    • (b) in any other place, at least one week before the day of the Sittings.

  • Marginal note:Summer recess

    (3) General Sittings during the summer recess will be announced by the Chief Justice of the Federal Court before June 15 each year.

  • SOR/2004-283, ss. 33, 34;
  • SOR/2013-18, s. 2.
Previous Version
Marginal note:Hearing dates

  • 35. (1) Subject to rule 298 and paragraph 385(1)(b), motions that can conveniently be heard at the General Sittings of the Federal Court may be made returnable accordingly.

  • Marginal note:Special hearing dates

    (2) A request may be made informally to the Judicial Administrator of the Federal Court of Appeal or the Federal Court, as the case may be, for an appointment of a special time and place

    • (a) for sittings of the Federal Court of Appeal or of a judge of that court to hear a motion; or

    • (b) for sittings of a judge of the Federal Court or of a prothonotary to hear a motion that is likely to be lengthy or a motion to be heard other than at General Sittings.

  • SOR/2004-283, ss. 7, 33.
Marginal note:Adjournment

  • 36. (1) A hearing may be adjourned by the Court from time to time on such terms as the Court considers just.

  • Marginal note:Adjournment to fixed day

    (2) Where a hearing is adjourned to a fixed day, a party who appeared at the hearing is deemed to have had notice of the adjournment.

  • Marginal note:Notice dispensed with

    (3) Where a party has failed to appear at a hearing, that party need not be served with notice of an adjournment of the hearing.