Marginal note:Personal service of subpoena

42. No witness is required to attend under a subpoena unless the subpoena has been personally served on the witness in accordance with paragraph 128(1)(a) and witness fees and travel expenses have been paid or tendered to the witness in the amount set out in Tariff A.

Marginal note:Witness fees

43. Where a witness is required under these Rules to attend a proceeding other than pursuant to a subpoena, the witness is entitled to witness fees and travel expenses in the amount set out in Tariff A.

44. [Repealed, SOR/2002-417, s. 7]

Marginal note:Compelling attendance of detainee

45. On motion, the Court may make an order in Form 45 requiring that any person who is in the custody of a prison or penitentiary be brought before the Court.

Marginal note:Failure to obey

46. Where a witness who is required to attend at a hearing fails to do so, on motion, the Court may, by a warrant in Form 46, order that the witness be apprehended anywhere in Canada, brought before the Court and

• (a) detained in custody until the witness's presence is no longer required; or

• (b) released on a recognizance, with or without sureties, on condition that the witness attend to give evidence.

Marginal note:Discretionary powers

• 47. (1) Unless otherwise provided by these Rules, if these Rules grant a discretionary power to the Court, a judge or prothonotary has jurisdiction to exercise that power on his or her own initiative or on motion.

• Marginal note:Exercise of powers on motion

  (2) Where these Rules provide that powers of the Court are to be exercised on motion, they may be exercised only on the bringing of a motion.

48. [Repealed, SOR/2004-283, s. 10]

Marginal note:Transfer of proceedings

49. If a proceeding has been commenced in the Federal Court of Appeal or the Federal Court, a judge of that court may order that the proceeding be transferred to the other court.

Marginal note:Prothonotaries

• 50. (1) A prothonotary may hear, and make any necessary orders relating to, any motion under these Rules other than a motion

  • (a) in respect of which these Rules or an Act of Parliament has expressly conferred jurisdiction on a judge;

  • (b) in the Federal Court of Appeal;

  • (c) for summary judgment or summary trial other than

    • (i) in an action referred to in subsection (2), or

    • (ii) in respect of a claim referred to in subsection (3);

  • (d) to hold a person in contempt at a hearing referred to in paragraph 467(1)(a);

  • (e) for an injunction;

  • (f) relating to the liberty of a person;

  • (g) to stay, set aside or vary an order of a judge, other than an order made under paragraph 385(a), (b) or (c);

  • (h) to stay execution of an order of a judge;

  • (i) to appoint a receiver;

  • (j) for an interim order under section 18.2 of the Act;

  • (k) to appeal the findings of a referee under rule 163; or

  • (l) for the certification of an action or an application as a class proceeding.

• Marginal note:Actions not over $50,000

  (2) A prothonotary may hear an action exclusively for monetary relief, or an action in rem claiming monetary relief, in which no amount claimed by a party exceeds $50,000 exclusive of interest and costs.

• Marginal note:Class proceedings

  (3) A prothonotary may hear a claim in respect of one or more individual questions in a class proceeding in which the amount claimed by a class member does not exceed $50,000 exclusive of interest and costs.

• Marginal note:Foreign judgment

  (4) A prothonotary may hear an application under rule 327 for registration, recognition or enforcement of a foreign judgment.

• Marginal note:Matters on consent

  (5) Despite paragraphs (1)(c) and (k), a prothonotary may render any final judgment that could be rendered by a judge of the Federal Court, except in a proceeding in respect of which an Act of Parliament expressly confers jurisdiction on a judge, if the prothonotary is satisfied that all of the parties that will be affected by the judgment have given their consent.