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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Service of Documents (continued)

General (continued)

Marginal note:Filing before service effective

 A document that is served by ordinary mail may be filed before the day on which its service is effective.

  • SOR/2015-21, s. 15

Marginal note:When no further service required

 Subject to subsection 207(2) or unless the Court orders otherwise, a party who has been served with an originating document is not required to be served with any further documents in the proceeding prior to final judgment if

  • (a) the party has not filed a notice of appearance or a defence within the time set out in these Rules; or

  • (b) the party has no address for service and has not served and filed a notice of consent to electronic service in Form 141A.

  • SOR/2015-21, s. 15

Marginal note:Proof of service

  •  (1) Service of a document is proven by

    • (a) an affidavit of service in Form 146A or, if the service is effected in the Province of Quebec, a certificate of service of a sheriff, bailiff or other authorized person in accordance with the Code of Civil Procedure of that Province;

    • (b) if the document is not an originating document, a solicitor’s certificate of service in Form 146B;

    • (c) if the service is effected by leaving a copy of the document at a solicitor‘s office, by an acknowledgement of service that is signed and dated by the solicitor or another person on behalf of the solicitor; or

    • (d) if the service is effected under rule 134, an acceptance of service that is signed and dated by the party’s solicitor.

  • Marginal note:Acknowledgement of service – signature

    (2) If an acknowledgement of service under paragraph (1)(c) is signed by a person on behalf of a solicitor, the person shall sign his or her own name.

  • SOR/2015-21, s. 15

Marginal note:Validating service

 If a document has been served in a manner that is not authorized by these Rules or by an order of the Court, the Court may validate the service if it is satisfied that the document came to the notice of the person to be served or that it would have come to that person’s notice except for the person’s avoidance of service.

  • SOR/2015-21, s. 15

Marginal note:Where document does not reach person served

 On the motion of a party who did not have notice of a served document or did not obtain notice of it at the time of service, the Court may set aside the consequences of default or grant an extension of time or an adjournment, notwithstanding that the party was served with the document in accordance with these Rules.

Payments

Marginal note:Payments into court

  •  (1) A person who pays money into court shall deliver to the Registry

    • (a) a certified cheque or other bill of exchange drawn on a bank, trust company, credit union or caisse populaire or any other bill of exchange authorized by order of the Court, payable to the order of the Receiver General; and

    • (b) three paper copies of a tender of payment into court in Form 149.

  • Marginal note:Effective date of payment

    (2) Payment into court by a certified cheque or other bill of exchange that is paid on presentation for payment is effective on the day on which it was delivered to the Registry.

  • Marginal note:Receipt for payment

    (3) When a certified cheque or other bill of exchange is paid, the Administrator shall endorse or acknowledge receipt on a copy of the tender of payment into court and return it to the person who made the payment.

  • SOR/2013-18, s. 4
  • SOR/2015-21, s. 16

Marginal note:Payment out of court

 Where an order has been made by the Court for payment out of court of money that is in the Consolidated Revenue Fund, a requisition shall be made by the Administrator to the Receiver General for an instrument for the amount to be paid out.

Filing of Confidential Material

Marginal note:Motion for order of confidentiality

  •  (1) On motion, the Court may order that material to be filed shall be treated as confidential.

  • Marginal note:Demonstrated need for confidentiality

    (2) Before making an order under subsection (1), the Court must be satisfied that the material should be treated as confidential, notwithstanding the public interest in open and accessible court proceedings.

Marginal note:Marking of confidential material

  •  (1) Where the material is required by law to be treated confidentially or where the Court orders that material be treated confidentially, a party who files the material shall separate and clearly mark it as confidential, identifying the legislative provision or the Court order under which it is required to be treated as confidential.

  • Marginal note:Access to confidential material

    (2) Unless otherwise ordered by the Court,

    • (a) only a solicitor of record, or a solicitor assisting in the proceeding, who is not a party is entitled to have access to confidential material;

    • (b) confidential material shall be given to a solicitor of record for a party only if the solicitor gives a written undertaking to the Court that he or she will

      • (i) not disclose its content except to solicitors assisting in the proceeding or to the Court in the course of argument,

      • (ii) not permit it to be reproduced in whole or in part, and

      • (iii) destroy the material and any notes on its content and file a certificate of their destruction or deliver the material and notes as ordered by the Court, when the material and notes are no longer required for the proceeding or the solicitor ceases to be solicitor of record;

    • (c) only one copy of any confidential material shall be given to the solicitor of record for each party; and

    • (d) no confidential material or any information derived therefrom shall be disclosed to the public.

  • Marginal note:Order to continue

    (3) An order made under subsection (1) continues in effect until the Court orders otherwise, including for the duration of any appeal of the proceeding and after final judgment.

References

Marginal note:Order for reference

  •  (1) The Court may, for the purpose of making an inquiry and report, refer any question of fact in a proceeding to a judge or other person designated by the Chief Justice of the court before which the proceeding is pending.

  • Marginal note:Directions on reference

    (2) Notwithstanding rules 155 to 160, the Court may at any time give directions regarding the conduct of a reference.

  • SOR/2004-283, s. 14

Marginal note:Stay of related proceedings

 Where a reference is made under rule 153, on motion, the Court may stay any proceeding related to the reference, including a proceeding that has previously been stayed, for a period of not more than six months.

Marginal note:Requisition to fix time and place of reference

  •  (1) On a reference made under rule 153, the referee shall, on the requisition of a party, fix a time and place for the hearing of the reference.

  • Marginal note:Documents to be provided to referee

    (2) A party who makes a requisition under subsection (1) shall provide the referee with a statement of the issues and copies of the pleadings and order of reference.

Marginal note:Conduct of reference

 Unless the Court orders otherwise, a referee shall adopt the simplest, least expensive and most expeditious manner of conducting the reference.

Marginal note:Order for examination or production

 A referee may order that parties be examined for discovery and order the production for inspection and copying by a party of any document or other material relevant to a matter in issue, at the time and place and in the manner set out in the order.

Marginal note:Attendance of witnesses

  •  (1) The attendance of witnesses to give evidence at a reference shall be enforced by subpoena.

  • Marginal note:Recording of evidence on reference

    (2) The testimony of a witness at a reference shall be recorded.

 
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