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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2022-01-12 and last amended on 2021-06-17. Previous Versions

PART 4Actions (continued)

Trial Procedure (continued)

Demonstrative Evidence

Marginal note:Admissibility

 Except with leave of the Court, no plan, photograph, model or other demonstrative evidence prepared or obtained for use at trial is admissible in evidence at trial, other than in the course of cross-examination, unless at least 30 days before the commencement of the trial all other parties have been given an opportunity to inspect it and consent to its admission without further proof.

Use of Examination for Discovery at Trial

Marginal note:Reading in examination at trial

 A party may introduce as its own evidence at trial any part of its examination for discovery of an adverse party or of a person examined on behalf of an adverse party, whether or not the adverse party or person has already testified.

Marginal note:Qualifying answers

 The Court may order a party who uses part of an examination for discovery as its own evidence to introduce into evidence any other part of the examination for discovery that the Court considers is so related that it ought not to be omitted.

Marginal note:Unavailability of deponent

 The Court may permit a party to use all or part of an examination for discovery of a person, other than a person examined under rule 238, as evidence at trial if

  • (a) the person is unable to testify at the trial because of his or her illness, infirmity or death or because the person cannot be compelled to attend; and

  • (b) his or her evidence cannot be obtained on commission.

Marginal note:Use of examination to impeach credibility at trial

 A party may use any part of its examination for discovery of a person as evidence to impeach the credibility of that person as a witness at trial only if the party first puts to the person the questions asked in that part of the examination.

Simplified Action

Marginal note:Where mandatory

 Unless the Court orders otherwise, rules 294 to 299 apply to any action in which

  • (a) each claim is exclusively for monetary relief in an amount not exceeding $100,000, exclusive of interest and costs;

  • (b) in respect of an action in rem claiming monetary relief, no amount claimed, exclusive of interest and costs, exceeds $50,000;

  • (c) the parties agree that the action is to be conducted as a simplified action; or

  • (d) on motion, the Court orders that the action be conducted as a simplified action.

Marginal note:Cost consequences of improper avoidance of procedure

 The Court may award costs against any party, including a party who is successful in an action, who it finds has exaggerated a claim, including a counterclaim or third party claim, merely to avoid the operation of rules 292 and 294 to 299.

Marginal note:Style of cause

 Every pleading in a simplified action shall be prefaced by the heading “Simplified Action”.

Marginal note:List of documents

 A party to a simplified action may serve, in lieu of an affidavit of documents, a complete list of all the documents in the party’s possession, power or control that are relevant to a matter in issue in the action.

Marginal note:Limited examination for discovery

 An examination for discovery in a simplified action shall be in writing only, and shall not exceed 50 questions.

Marginal note:Motion for summary judgment or summary trial

 No motion for summary judgment or summary trial may be brought in a simplified action.

  • SOR/2009-331, s. 4

Marginal note:Motions prior to pre-trial conference

  •  (1) Subject to subsections (2) and (3), a motion in a simplified action shall be returnable only at a pre-trial conference conducted in accordance with rules 258 to 267.

  • Marginal note:Exception

    (2) A motion may be brought, within the time set out in rule 204 for the service and filing of a statement of defence,

    • (a) to object to the jurisdiction of the Court; or

    • (b) to strike a statement of claim, on the ground that it discloses no reasonable cause of action.

  • Marginal note:Exception

    (3) A motion may be brought at any time

    • (a) to remove an action from the operation of rules 294 to 299;

    • (b) for the release of arrested property in an action in rem; or

    • (c) for a default judgment.

  • SOR/2002-417, s. 16

Marginal note:Evidence adduced by affidavit

  •  (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to subsections (1.1) and (1.2), be served and filed

    • (a) in the case of evidence of a plaintiff, at least 20 days before the trial; and

    • (b) in the case of evidence of a defendant, at least 10 days before the trial.

  • Marginal note:Admissibility of expert’s evidence

    (1.1) Unless the Court orders otherwise, no evidence in chief of an expert witness is admissible at the trial of an action in respect of any issue unless

    • (a) the issue has been defined by the pleadings or in an order made under rule 265;

    • (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 60 days before the commencement of the trial; and

    • (c) the expert witness is available at the trial for cross-examination.

  • Marginal note:Admissibility of rebuttal evidence

    (1.2) Except with leave of the Court, no expert witness’s evidence to rebut evidence in an affidavit or statement served under paragraph (1.1)(b) is admissible unless an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 30 days before the commencement of the trial.

  • Marginal note:Witness to be made available

    (2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial.

  • Marginal note:Reply evidence

    (3) Reply evidence, including that of an expert witness, may be provided orally at trial.

  • SOR/2006-219, s. 9
  • SOR/2010-176, s. 10

 [Repealed, SOR/2007-301, s. 6]

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 [Repealed, SOR/2007-301, s. 6]

PART 5Applications

Application of this Part

Marginal note:Application

 This Part applies to

  • (a) applications for judicial review of administrative action, including applications under section 18.1 or 28 of the Act, unless the Court directs under subsection 18.4(2) of the Act that the application be treated and proceeded with as an action;

  • (b) proceedings required or permitted by or under an Act of Parliament to be brought by application, motion, originating notice of motion, originating summons or petition or to be determined in a summary way, other than applications under subsection 33(1) of the Marine Liability Act;

  • (c) [Repealed, SOR/2021-151, s. 9]

  • (d) appeals under section 56 of the Trademarks Act;

  • (e) references from a tribunal under rule 320;

  • (f) requests under the Commercial Arbitration Code brought pursuant to subsection 324(1);

  • (g) proceedings transferred to the Court under subsection 3(3) or 5(3) of the Divorce Act; and

  • (h) applications for registration, recognition or enforcement of a foreign judgment brought under rules 327 to 334.

General

Marginal note:Contents of application

 An application shall be commenced by a notice of application in Form 301, setting out

  • (a) the name of the court to which the application is addressed;

  • (b) the names of the applicant and respondent;

  • (c) where the application is an application for judicial review,

    • (i) the tribunal in respect of which the application is made, and

    • (ii) the date and details of any order in respect of which judicial review is sought and the date on which it was first communicated to the applicant;

  • (d) a precise statement of the relief sought;

  • (e) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

  • (f) a list of the documentary evidence to be used at the hearing of the application.

  • SOR/2004-283, s. 36

Marginal note:Limited to single order

 Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.

Marginal note:Respondents

  •  (1) Subject to subsection (2), an applicant shall name as a respondent every person

    • (a) directly affected by the order sought in the application, other than a tribunal in respect of which the application is brought; or

    • (b) required to be named as a party under an Act of Parliament pursuant to which the application is brought.

  • Marginal note:Application for judicial review

    (2) Where in an application for judicial review there are no persons that can be named under subsection (1), the applicant shall name the Attorney General of Canada as a respondent.

  • Marginal note:Substitution for Attorney General

    (3) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent after having been named under subsection (2), the Court may substitute another person or body, including the tribunal in respect of which the application is made, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of application

  •  (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on

    • (a) all respondents;

    • (b) in respect of an application for judicial review or an application appealing the order of a tribunal,

      • (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought,

      • (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and

      • (iii) the Attorney General of Canada;

    • (c) where the application is made under the Access to Information Act, Part 1 of the Personal Information Protection and Electronic Documents Act, the Privacy Act or the Official Languages Act, the Commissioner named for the purposes of that Act; and

    • (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought.

  • Marginal note:Motion for directions as to service

    (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court.

  • Marginal note:Proof of service

    (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application.

  • SOR/2004-283, s. 16
 
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