Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-11-11 and last amended on 2013-08-08. Previous Versions

Marginal note:Representations of plaintiff or applicant
  •  (1) If a notice of status review is issued in respect of an action or an application, the plaintiff or applicant, within 15 days of the date of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations of defendant or respondent

    (2) The defendant or respondent may serve and file representations within seven days after being served with the representations of the plaintiff or applicant.

  • Marginal note:Reply

    (3) The plaintiff or applicant may serve and file a reply within four days after being served with the representations of the defendant or respondent.

  • SOR/2007-214, s. 1.
Marginal note:Review to be in writing
  •  (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court shall be conducted on the basis of the written representations of the parties.

  • Marginal note:Review by the Court

    (2) A judge or prothonotary shall conduct a status review and may

    • (a) if he or she is not satisfied that the proceeding should continue, dismiss the proceeding; or

    • (b) if he or she is satisfied that the proceeding should continue, order that it continue as a specially managed proceeding and may make an order under rule 385.

  • SOR/2007-214, s. 1.

Status Review — Federal Court of Appeal

Marginal note:Application or appeal — Federal Court of Appeal

 If, in an application or appeal commenced in the Federal Court of Appeal, 180 days have elapsed since the issuance of the notice of application or appeal and no requisition for a hearing date has been filed, the Court may issue a notice of status review in Form 382.2 to the parties.

  • SOR/2007-214, s. 1.
Marginal note:Representations when applicant or appellant in default
  •  (1) If the party in default is the applicant or the appellant, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations when respondent in default

    (2) If the party in default is the respondent, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why default judgment should not be entered. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations of the other party

    (3) The other party may serve and file representations within 10 days after being served with the representations of the party that is in default.

  • Definition of “party in default”

    (4) In this rule and rule 382.4, “party in default” means the party that failed to take the next chronological step required by these Rules after the last step that was completed.

  • SOR/2007-214, s. 1.