Federal Courts Rules (SOR/98-106)

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 Tuesday and Thursday;

  • (b) at Montreal, Toronto and Vancouver, every Monday; and

  • (c) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and in 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.

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.

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.

Marginal note:Failure to give notice

37. Where at a hearing the Court considers that any person to whom notice of the hearing has not been given ought to have had such notice, the Court may adjourn the hearing or dismiss the proceeding or motion.