Federal Courts Rules (SOR/98-106)

Regulations are current to 2015-07-09 and last amended on 2015-01-30. Previous Versions

Marginal note:Other evidence

 The Court may accept evidence on an application under rule 327 other than affidavit evidence.

Marginal note:Amounts in Canadian currency

 Unless the Court orders otherwise, an amount payable under a foreign judgment shall be converted into the equivalent amount in Canadian currency on the basis of the rate of exchange, ascertained from a chartered bank in Canada, that was prevailing on the day on which the foreign judgment was rendered.

Marginal note:Interest
  •  (1) Any interest on an amount payable under a foreign judgment that has accrued to the day of registration of the foreign judgment shall be added to the amount payable under the foreign judgment.

  • Marginal note:Interest

    (2) Unless the Court orders otherwise, an amount payable under a foreign judgment registered pursuant to an application under rule 327 bears interest from the day of registration at the rate set out in section 3 of the Interest Act.

Marginal note:Service of order for registration

 Unless the Court orders otherwise, a foreign judgment creditor who obtains an order for registration of a foreign judgment shall personally serve the order on the foreign judgment debtor, together with a translation thereof in the language of the foreign judgment and an affidavit attesting to its accuracy.

Marginal note:Execution

 Unless the Court orders otherwise, execution shall not be issued on a foreign judgment registered pursuant to an application under rule 327 until proof of service of the order for registration has been filed.

PART 5.1CLASS PROCEEDINGS

Application

Marginal note:Application

 This Part applies to actions and applications other than applications for judicial review under section 28 of the Act.

  • SOR/2007-301, s. 7.
Marginal note:Applicability of rules for actions and applications

 Except to the extent that they are incompatible with the rules in this Part, the rules applicable to actions and applications, as the case may be, apply to class proceedings.

  • SOR/2007-301, s. 7.

Proceedings That May Be Certified as Class Proceedings

Marginal note:By class member
  •  (1) Despite rule 302, a member of a class of persons may commence an action or an application on behalf of the members of that class, in which case the originating document shall be prefaced by the heading “Proposed Class Proceeding”.

  • Marginal note:Motion for certification of proceeding

    (2) The member shall bring a motion for the certification of the proceeding as a class proceeding and for the appointment of the member as representative plaintiff or applicant.

  • Marginal note:Who may be representative

    (3) The representative of a class shall be a person who may act as a plaintiff or an applicant under these Rules.

  • Marginal note:Originating document in immigration matters

    (4) For the purposes of subsection (1), in the case of an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, the originating document is the application for leave referred to in subsection 72(1) of that Act.

  • SOR/2007-301, s. 7.