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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)

References (continued)

Marginal note:Powers of referee

  •  (1) Subject to subsection (2), a referee shall have the same power and authority in matters of practice and procedure as would a judge of the Court presiding at the trial of an action.

  • Marginal note:Limitation

    (2) A referee shall not commit a person to prison or enforce an order for attachment.

Marginal note:Referral of question to Court

  •  (1) A referee may, before the conclusion of a reference or by a report on the reference, submit any question for determination by the Court.

  • Marginal note:Response to referral

    (2) On receipt of a submission under subsection (1), the Court may

    • (a) require any explanations or reasons from the referee; or

    • (b) remit the matter, or any part thereof, for further inquiry to the same or another referee.

Marginal note:Referee’s report

  •  (1) The report of a referee shall include the findings of the referee in the same form as an order of the Court.

  • 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

    • (a) by registered mail;

    • (b) by electronic means, including facsimile and electronic mail; or

    • (c) by any other means, as directed by the Chief Justice, likely to bring the report to the attention of the party.

  • 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

 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

  •  (1) A party may appeal the findings of a report of a referee who is not a judge on motion to the court that ordered the reference.

  • 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

  •  (1) The report of a referee who is not a judge that is not appealed becomes final 30 days after it is filed.

  • Marginal note:Final report deemed judgment of Court

    (2) A report of a referee, once final, becomes a judgment of the Court.

Summary Disposition

Marginal note:Discontinuances

 A party may discontinue all or part of a proceeding by serving and filing a notice of discontinuance.

Marginal note:Notice of discontinuance

 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

 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

 Where following an order of the Court it is not possible to continue a proceeding, the Court may dismiss the proceeding.

PART 4Actions

Application of this Part

Marginal note:Application

 This Part applies to all proceedings that are not applications or appeals, including

  • (a) references under section 18 of the Citizenship Act;

  • (b) applications under subsection 33(1) of the Marine Liability Act; and

  • (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

 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

General

Marginal note:Pleadings

 The following pleadings may be filed:

  • (a) in respect of an action,

    • (i) a statement of claim, in Form 171A,

    • (ii) a statement of defence, in Form 171B, and

    • (iii) a reply, in Form 171C;

  • (b) in respect of a counterclaim,

    • (i) a counterclaim, in Form 171D or 171E,,

    • (ii) a defence to counterclaim, in Form 171F, and

    • (iii) a reply to a defence to counterclaim, in Form 171G; and

  • (c) in respect of a third party claim,

    • (i) a third party claim, in Form 171H or 171I,

    • (ii) a third party defence, in Form 171J, and

    • (iii) a reply to a third party defence, in Form 171K.

Marginal note:Pleading after a reply

 No pleading may be filed after a reply without leave of the Court.

Marginal note:Form of pleadings

  •  (1) Pleadings shall be divided into consecutively numbered paragraphs.

  • 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

 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.

Marginal note:Pleading law

 A party may raise any point of law in a pleading.

Marginal note:Conditions precedent

  •  (1) The performance or occurrence of a condition precedent to the assertion of a claim or defence need not be pleaded.

  • Marginal note:Contesting condition precedent

    (2) The non-performance or non-occurrence of a condition precedent shall be pleaded.

Marginal note:Documents or conversations

 A pleading shall briefly describe any document or conversation referred to in the pleading, but need not set out the exact words of the document or conversation unless the words are themselves material.

 
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