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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Representation of Parties (continued)

General (continued)

Marginal note:Corporations or unincorporated associations

 A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.

Marginal note:Parties under legal disability or acting in representative capacity

 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.

  • SOR/2002-417, s. 13
  • SOR/2007-301, s. 5

Marginal note:Rights and obligations of party acting in person

 Subject to paragraphs 152(2)(a) and 146(1)(b), unless the Court orders otherwise, a party not represented by a solicitor or a person authorized under rule 120 to represent a party shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.

Solicitor of Record

Marginal note:Deemed solicitor of record

 Where a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party.

Marginal note:Notice of change or removal of solicitor

 A party may change or remove its solicitor of record or appoint a solicitor of record by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.

Marginal note:Motion for removal of solicitor of record

  •  (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record.

  • Marginal note:Manner of service

    (2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor

    • (a) by personal service; or

    • (b) where personal service cannot practicably be effected,

      • (i) by mailing the notice of motion to the party at the party’s last known address, or

      • (ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated.

  • Marginal note:Order to be served

    (3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding.

  • Marginal note:Proof of service

    (4) An order under subsection (1) does not take effect until proof of its service has been filed.

Marginal note:Solicitor of record ceasing to act

 A party is deemed not to be represented by a solicitor if the party does not appoint a new solicitor after its solicitor of record

  • (a) dies; or

  • (b) ceases to act for the party because of

    • (i) appointment to a public office incompatible with the solicitor’s profession,

    • (ii) suspension or disbarment as a solicitor, or

    • (iii) an order made under rule 125.

Service of Documents

Personal Service

Marginal note:Service of originating documents

  •  (1) An originating document that has been issued, other than in an appeal from the Federal Court to the Federal Court of Appeal or an ex parte application under rule 327, shall be served personally.

  • Marginal note:Exception

    (2) A party who has already participated in the proceeding need not be personally served.

  • Marginal note:Service of notice of appeal on the Crown

    (3) Despite subsections (1) and (2), in the case of an appeal from Federal Court to the Federal Court of Appeal, if the Crown, the Attorney General of Canada or any other minister of the Crown is a respondent, the notice of appeal shall be served personally on them in accordance with rule 133.

  • SOR/2004-283, s. 13
  • SOR/2010-177, s. 1

Marginal note:Personal service on individual

  •  (1) Personal service of a document on an individual, other than an individual under a legal disability, is effected

    • (a) by leaving the document with the individual;

    • (b) by leaving the document with an adult person residing at the individual’s place of residence, and mailing a copy of the document to the individual at that address;

    • (c) where the individual is carrying on a business in Canada, other than a partnership, in a name or style other than the individual’s own name, by leaving the document with the person apparently having control or management of the business at any place where the business is carried on in Canada;

    • (d) by mailing the document to the individual’s last known address, accompanied by an acknowledgement of receipt form in Form 128, if the individual signs and returns the acknowledgement of receipt card or signs a post office receipt;

    • (e) by mailing the document by registered mail to the individual’s last known address, if the individual signs a post office receipt; or

    • (f) in any other manner provided by an Act of Parliament applicable to the proceeding.

  • Marginal note:Effective day of service

    (2) Service under paragraph (1)(b) is effective on the tenth day after the copy is mailed.

  • Marginal note:Effective day of service

    (3) Service under paragraph (1)(d) or (e) is effective on the day of receipt indicated on the acknowledgement of receipt form or post office receipt, as the case may be.

Marginal note:Personal service on individual under legal disability

 Personal service of a document on an individual under a legal disability is effected by serving the individual in such a manner as the Court may order, having regard to the manner in which the interests of the person will be best protected.

Marginal note:Personal service on corporation

  •  (1) Subject to subsection (2), personal service of a document on a corporation is effected

    • (a) by leaving the document

      • (i) with an officer or director of the corporation or a person employed by the corporation as legal counsel, or

      • (ii) with the person apparently in charge, at the time of the service, of the head office or of the branch or agency in Canada where the service is effected;

    • (b) in the manner provided by any Act of Parliament applicable to the proceeding; or

    • (c) in the manner provided for service on a corporation in proceedings before a superior court in the province in which the service is being effected.

  • Marginal note:Personal service on municipal corporation

    (2) Personal service of a document on a municipal corporation is effected by leaving the document with the chief executive officer or legal counsel of the municipality.

Marginal note:Personal service on partnership

 Personal service of a document on a partnership is effected by leaving the document with

  • (a) where the partnership is a limited partnership, a general partner; and

  • (b) in any other case, a partner or the person who has the control or management of the partnership business at its principal place of business in Canada.

Marginal note:Personal service on sole proprietorship

 Personal service of a document on a sole proprietorship is effected by leaving the document with

  • (a) the sole proprietor; or

  • (b) the person apparently in charge, at the time of the service, of the place of business of the sole proprietorship in Canada where the service is effected.

  • SOR/2002-417, s. 14

Marginal note:Personal service on unincorporated association

 Personal service of a document on an unincorporated association is effected by leaving the document with

  • (a) an officer of the association; or

  • (b) the person who has the control or management of the affairs of the association at any office or premises occupied by the association.

 
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