PART 3Rules Applicable to All Proceedings (continued)
Marginal note:Conduct of reference
156 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
157 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
Marginal note:Recording of evidence on reference
(2) The testimony of a witness at a reference shall be recorded.
Marginal note:Powers of referee
(2) A referee shall not commit a person to prison or enforce an order for attachment.
Marginal note:Referral of question to Court
Marginal note:Response to referral
(2) On receipt of a submission under subsection (1), the Court may
Marginal note:Referee's report
Marginal note:Filing of report
(2) The report of a referee, the record of any evidence taken at the hearing of the reference and any exhibits or other documents provided to the referee shall be filed as soon as possible after the report is signed.
Marginal note:Notice of report
(3) On the filing of a referee’s report, the Administrator shall send without delay a copy of it to all parties
Marginal note:Proof of receipt
(4) If a report is transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.
- SOR/2010-177, s. 2.
Marginal note:Report of referee who is a judge
162 The report of a referee who is a judge is final and becomes a judgment of the Court when it is filed.
Marginal note:Appeal of referee's findings
Marginal note:Service of appeal
(2) Notice of a motion under subsection (1) shall be served and filed within 30 days after filing of the report of a referee and at least 10 days before the day fixed for hearing of the motion.
Marginal note:Powers of Court on appeal
(3) On an appeal under subsection (1), the Court may confirm, vary or reverse the findings of the report and deliver judgment or refer it back to the referee, or to another referee, for further inquiry and report.
- SOR/2004-283, s. 15.
Marginal note:Report final if not appealed
Marginal note:Final report deemed judgment of Court
(2) A report of a referee, once final, becomes a judgment of the Court.
165 A party may discontinue all or part of a proceeding by serving and filing a notice of discontinuance.
Marginal note:Notice of discontinuance
166 A party shall file a declaration of settlement or a notice of discontinuance in Form 166 in a proceeding that has been concluded other than by a judgment or discontinuance on consent.
Marginal note:Dismissal for delay
167 The Court may, at any time, on the motion of a party who is not in default of any requirement of these Rules, dismiss a proceeding or impose other sanctions on the ground that there has been undue delay by a plaintiff, applicant or appellant in prosecuting the proceeding.
Marginal note:Dismissal where continuation impossible
168 Where following an order of the Court it is not possible to continue a proceeding, the Court may dismiss the proceeding.
Application of this Part
169 This Part applies to all proceedings that are not applications or appeals, including
(c) any other proceedings required or permitted by or under an Act of Parliament to be brought as an action.
- SOR/2004-283, s. 37.
Marginal note:Rules applicable to counterclaims and third parties
170 Except as provided in rules 189 to 199, the rules in this Part applicable to plaintiffs and defendants apply, with such modifications as are necessary, to parties bringing or defending counterclaims and third party claims.
Pleadings in an Action
171 The following pleadings may be filed:
(a) in respect of an action,
(b) in respect of a counterclaim,
(c) in respect of a third party claim,
Marginal note:Pleading after a reply
172 No pleading may be filed after a reply without leave of the Court.
Marginal note:Form of pleadings
Marginal note:Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.
Marginal note:Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.
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