Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-06-06 and last amended on 2015-01-30. Previous Versions

PART 4Actions (continued)

Pleadings in an Action (continued)

Third Party Claims (continued)

Marginal note:Hearing of third party claim

  •  (1) Unless the Court orders otherwise, a third party claim shall be heard and decided as part of the action from which it arose.

  • Marginal note:Questions of third party liability

    (2) The Court may order the question of liability as between the third party and the defendant to be tried in such a manner, at or after the trial of the action, as is set out in the order.

Marginal note:Order binding on third party

  •  (1) A third party is bound by any order or determination made in an action between the plaintiff and the defendant who made the third party claim, whether or not the third party defended the plaintiff’s claim.

  • Marginal note:Consequences of default of third party defence

    (2) A third party who defends neither the third party claim nor the plaintiff’s claim is deemed to admit

    • (a) the validity of any judgment obtained by the plaintiff against the defendant, including a judgment obtained by consent; and

    • (b) the third party’s liability to contribute or indemnify to the extent specified in the third party claim.

  • Marginal note:Leave required to enforce default judgment

    (3) A judgment against a third party referred to in subsection (2) shall not be enforced without leave of the Court.

Amendment of Pleadings

Marginal note:Amendment as of right

 Notwithstanding rules 75 and 76, a party may, without leave, amend any of its pleadings at any time before another party has pleaded thereto or on the filing of the written consent of the other parties.

Marginal note:Amendment to add new cause of action

 An amendment may be made under rule 76 notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of substantially the same facts as a cause of action in respect of which the party seeking the amendment has already claimed relief in the action.

Close of Pleadings

Marginal note:Close of pleadings

 Pleadings are closed

  • (a) where a statement of defence has not been filed within the period set out in rule 204, on the expiration of that period;

  • (b) on the filing of a reply; or

  • (c) on the expiration of the time for filing a reply.

Time for Service of Pleadings

Marginal note:Statement of claim

  •  (1) A statement of claim shall be served within 60 days after it is issued.

  • Marginal note:Proof of service

    (2) Proof of service of a statement of claim shall be filed within the time set out in rule 204 for the service and filing of a statement of defence.

Marginal note:Defence

 A defendant shall defend an action by serving and filing a statement of defence within

  • (a) 30 days after service of the statement of claim, if the defendant is served in Canada;

  • (b) 40 days after service of the statement of claim, if the defendant is served in the United States; and

  • (c) 60 days after service of the statement of claim, if the defendant is served outside Canada and the United States.

Marginal note:Reply

 A plaintiff’s reply to a statement of defence shall be served and filed within 10 days after service of the statement of defence.

Marginal note:Documents referred to in pleadings

 A copy of every document referred to in a pleading shall be served with the pleading or within 10 days after service of the pleading, unless

  • (a) the party being served waives its right to the copy; or

  • (b) the Court orders otherwise.

Marginal note:Service of counterclaim where no new party added

  •  (1) Where a counterclaim is brought against a plaintiff only, or against only a plaintiff and another party to the action, the statement of defence and counterclaim shall be served and filed within the time set out in rule 204.

  • Marginal note:Exception

    (2) Where a defendant to a counterclaim who is also a defendant in the action has failed to file a statement of defence in the action, that defendant shall be served personally with a statement of defence and counterclaim.

Preliminary Objections

Marginal note:Motion to object

 A party who has been served with a statement of claim and who brings a motion to object to

  • (a) any irregularity in the commencement of the action,

  • (b) the service of the statement of claim,

  • (c) the Court as not being a convenient forum, or

  • (d) the jurisdiction of the Court,

does not thereby attorn to the jurisdiction of the Court.

Marginal note:Solicitor of record

 A solicitor appearing for a party bringing a motion referred to in rule 208 shall be considered to be the solicitor of record of the party and the address indicated for the solicitor on the notice of motion or other documents is the address for service of the party.

Default Proceedings

Marginal note:Motion for default judgment

  •  (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim.

  • Marginal note:Motion in writing

    (2) Subject to section 25 of the Crown Liability and Proceedings Act, a motion under subsection (1) may be brought ex parte and in accordance with rule 369.

  • Marginal note:Affidavit evidence

    (3) A motion under subsection (1) shall be supported by affidavit evidence.

  • Marginal note:Disposition of motion

    (4) On a motion under subsection (1), the Court may

    • (a) grant judgment;

    • (b) dismiss the action; or

    • (c) order that the action proceed to trial and that the plaintiff prove its case in such a manner as the Court may direct.

Marginal note:Service pursuant to order for substitutional service

 Judgment shall not be given against a defendant who is in default where service of the statement of claim was effected pursuant to an order for substitutional service, unless the Court is satisfied that it is just to do so having regard to all the circumstances.

Marginal note:Service pursuant to Hague Convention

  •  (1) Where a statement of claim was sent abroad for service on a defendant in a contracting state to the Hague Convention and the defendant has not filed a defence, judgment shall not be given under rule 210 unless the Court is satisfied that

    • (a) the statement of claim was

      • (i) served by a method prescribed by the law of the state in which service was made, or

      • (ii) delivered to the defendant or to the defendant’s residence by another method provided for in the Hague Convention; and

    • (b) the defendant has had sufficient time after the service or delivery to file a defence.

  • Marginal note:Judgment

    (2) Notwithstanding subsection (1), the Court may give judgment under rule 210 if

    • (a) the statement of claim was sent by a method provided for in the Hague Convention;

    • (b) a period of not less than six months, or such longer period as the Court considers adequate in the circumstances, has elapsed since the day on which the statement of claim was sent; and

    • (c) no certificate under article 6 of the Hague Convention was received, and every reasonable effort was made to obtain such a certificate through the competent authorities of the state to which the statement of claim was sent.

  • Marginal note:Interlocutory injunction or mandamus

    (3) This rule does not preclude the Court from making an order under rule 373 before service of the statement of claim.

 
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