PART 5Applications (continued)
References from a Tribunal (continued)
Marginal note:Notice of application on reference
321 A notice of application in respect of a reference shall set out
(a) the name of the court to which the application is addressed;
(b) the name of the applicant; and
(c) the question being referred.
- SOR/2004-283, s. 36
Marginal note:Directions on reference
322 Where the Attorney General of Canada or a tribunal makes a reference, the Attorney General or tribunal shall bring an ex parte motion for directions as to
(a) which persons shall be given notice of the reference;
(b) the material that will constitute the case to be determined on the reference;
(c) the preparation, filing and service of copies of the material;
(d) the preparation, filing and service of memoranda of fact and law;
(e) the procedure for the hearing of the reference;
(f) the time and place for the hearing of the reference; and
(g) the role, if any, of the tribunal in question.
Marginal note:Notice of intention to become party
323 Any of the following persons may become a party to a reference by serving and filing a notice of intention to participate in Form 323:
(a) the Attorney General of Canada;
(b) the attorney general of a province, for the purpose of adducing evidence or making submissions to the Court under subsection 57(4) of the Act; and
(c) a person who participated in the proceeding before the tribunal in respect of which the reference is made.
Marginal note:Notice of application
(2) Where the subject matter of an arbitration to which a request under the Code relates is already the subject matter of a proceeding before the Court, the request may be brought as a motion in that proceeding.
(3) An affidavit in support of a notice of application under subsection (1) or a motion under subsection (2) shall be accompanied by a copy of the parties’ arbitration agreement and state
(a) all material facts;
(b) unless the request is brought pursuant to article 8(1) or 9 of the Code, that the arbitration to which the request relates is governed by Canadian law or has been, is being or will be held within the jurisdiction of the Court; and
(c) where the request is brought pursuant to article 27 of the Code, the nature of the evidence to be obtained, the name and address of any person to be heard as a witness and the subject-matter of any testimony required from that person, and describe any document to be produced or property to be inspected.
- 2012, c. 26, s. 27
Marginal note:Procedure of province to apply
325 (1) Unless the Court orders otherwise, where the Court makes a direction pursuant to subsection 3(3) or 5(3) of the Divorce Act, the rules made under section 25 of that Act for the province specified in the direction pursuant to subsection 23(2) of that Act shall apply to the conduct of the proceeding in the Court, with such modifications as the circumstances require.
Marginal note:Motion for modification of rules
(2) A party to a proceeding referred to in subsection (1) may at any time, by motion, request a modification to the rules referred to in that subsection.
Foreign Judgments and Arbitral Awards
326 The following definitions apply to rules 327 to 334.
- arbitration agreement
arbitration agreement means an agreement in writing as defined in article II of the convention set out in the schedule to the United Nations Foreign Arbitral Awards Convention Act or an arbitration agreement as defined in Article 7 of the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act. (convention d’arbitrage)
- foreign judgment
foreign judgment means a judgment or arbitral award that may be registered in a court in Canada in accordance with
- SOR/2004-283, s. 39
- 2012, c. 26, s. 27
Marginal note:Form of application
327 An application for registration, recognition or enforcement of a foreign judgment shall be in Form 327.
Marginal note:Ex parte application
Marginal note:Directions regarding service
(2) On an ex parte application under subsection (1), the Court may direct that notice of the application be served on the foreign judgment debtor and may give such directions respecting the manner of service as it considers just.
329 (1) An affidavit filed in an application under rule 327 shall be accompanied by an exemplified or certified copy of the foreign judgment, any reasons, including dissenting reasons, given in respect of that judgment and a copy of any arbitration agreement under which the judgment was awarded and shall state
(a) that the foreign judgment was not fully satisfied as at the filing of the application;
(b) whether the foreign judgment debtor appeared in the original proceeding;
(c) an address in Canada for service on the foreign judgment creditor;
(d) the name and usual or last known address of the foreign judgment debtor;
(e) whether interest has accrued on the amount payable under the foreign judgment in accordance with the law of the state of the originating court or arbitral tribunal and, if interest has accrued, the rate of interest, the day from which it is payable, the amount due at the time of the filing of the application and, where applicable, the day on which interest ceases to accrue;
(f) the rate of exchange into Canadian currency prevailing on the day on which the foreign judgment was rendered, as ascertained from a chartered bank in Canada;
(g) that, having made careful and full inquiries, the applicant knows of no impediment to registration, recognition or enforcement of the foreign judgment; and
(h) that the foreign judgment is executory, that no appeal or other form of judicial review is pending and that any time prescribed for the making of an appeal or application for judicial review has expired.
Marginal note:Affidavit of service
(2) Where a foreign judgment debtor did not appear in the original proceeding, an affidavit referred to in subsection (1) shall be accompanied by an affidavit of service on the foreign judgment debtor of the document instituting the original proceedings.
- SOR/2006-219, s. 12
Marginal note:Other evidence
330 The Court may accept evidence on an application under rule 327 other than affidavit evidence.
Marginal note:Amounts in Canadian currency
331 Unless the Court orders otherwise, an amount payable under a foreign judgment shall be converted into the equivalent amount in Canadian currency on the basis of the rate of exchange, ascertained from a chartered bank in Canada, that was prevailing on the day on which the foreign judgment was rendered.
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