PART 3Rules Applicable to All Proceedings (continued)
Failure to Comply with Rules (continued)
Marginal note:Orders on motion
59 Subject to rule 57, where, on a motion brought under rule 58, the Court finds that a party has not complied with these Rules, the Court may, by order,
(a) dismiss the motion, where the motion was not brought within a sufficient time after the moving party became aware of the irregularity to avoid prejudice to the respondent in the motion;
(b) grant any amendments required to address the irregularity; or
(c) set aside the proceeding, in whole or in part.
Marginal note:Non-compliance with Rules or gap in case
60 At any time before judgment is given in a proceeding, the Court may draw the attention of a party to any gap in the proof of its case or to any non-compliance with these Rules and permit the party to remedy it on such conditions as the Court considers just.
Commencement of Proceedings
Manner of Bringing Proceeding
(2) Subject to subsection (4), a proceeding referred to in rule 300 shall be brought as an application.
(3) A proceeding referred to in rule 335 shall be brought as an appeal.
(4) Where by or under an Act of Parliament a person is given the option of bringing a proceeding referred to in rule 169 or 300 as either an action or an application, the person may commence the proceeding as an action or as an application.
Marginal note:Commencement of proceedings
(2) A counterclaim or third party claim in an action brought only against persons who are already parties to the action shall be commenced by the service and filing of the counterclaim or third party claim.
Marginal note:Types of originating documents
(a) an action, including an appeal by way of an action, is a statement of claim;
(b) a counterclaim against a person who is not yet a party to the action is a statement of defence and counterclaim;
(c) a third party claim against a person who is not yet a party to the action is a third party claim;
(d) an application is a notice of application; and
(e) an appeal is a notice of appeal.
Marginal note:Other originating documents
(2) Where by or under an Act of Parliament a proceeding is to be commenced by way of a document different from the originating document required under these Rules, the rules applicable to the originating document apply in respect of that document.
Marginal note:Declaratory relief available
64 No proceeding is subject to challenge on the ground that only a declaratory order is sought, and the Court may make a binding declaration of right in a proceeding whether or not any consequential relief is or can be claimed.
Marginal note:Format of printed documents
65 A printed document that is prepared for use in a proceeding shall be legible, the print — including all references in the document — shall be in 12-point Times New Roman, Arial or Tahoma font and each page of the document shall
(a) be on good quality white or off-white paper, measuring 21.5 cm by 28 cm (8½ in. by 11 in.);
(b) have top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm;
(c) be printed on one side of the paper only, unless the document is a book of authorities; and
(d) have no more than 30 lines, exclusive of headings.
- SOR/2004-283, s. 12;
- SOR/2013-18, s. 3.
Marginal note:Content of document
(2) A document prepared for use in a proceeding shall contain
(a) the title of the document;
(b) its date;
(c) the name, address, telephone number and fax number of the solicitor filing the document or, where a party is not represented by a solicitor, the party's name, an address for service in Canada, a telephone number and any fax number; and
(d) if there is consent to the electronic service of documents, the electronic address set out in Form 141A.
(3) A document prepared for use in a proceeding shall be signed by the solicitor or party filing it.
- SOR/2004-283, s. 36;
- SOR/2015-21, s. 9.
Marginal note:Style of cause in originating document
Marginal note:Style of cause in action
(2) The style of cause in an action shall name each party commencing the action as a plaintiff and each adverse party as a defendant.
Marginal note:Style of cause in application
(3) The style of cause in an application shall name each party commencing the application as an applicant and each adverse party as a respondent and state any legislative provision or rule under which the application is made.
Marginal note:Style of cause in appeal
(4) The style of cause in an appeal shall name each party bringing the appeal as an appellant and each adverse party as a respondent.
Marginal note:Short style of cause
(5) In a document other than an originating document or order, where there are more than two parties to the proceeding, a short style of cause may be used, showing the names of the first party on each side followed by the expression "and others".
Marginal note:Motions prior to commencement of proceeding
(6) Subsections (1) to (4) apply, with such modifications as are required, to a motion brought prior to the commencement of an action, application or appeal.
Marginal note:Language of documents
68 (1) Subject to subsection (2), all documents required under these Rules to be filed in a proceeding shall be in English or French or be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation.
Marginal note:Language of pleadings, etc.
(2) All pleadings, memoranda of fact and law and written representations on motions shall be in English or French.
Marginal note:Notice of constitutional question
69 A notice of a constitutional question referred to in section 57 of the Act shall be in Form 69.
Marginal note:Memorandum of fact and law
(a) a concise statement of fact, as Part I of the memorandum;
(b) a statement of the points in issue, as Part II of the memorandum;
(c) a concise statement of submissions, as Part III of the memorandum;
(d) a concise statement of the order sought, including any order concerning costs, as Part IV of the memorandum;
(e) a list of the authorities to be referred to, as Part V of the memorandum;
(f) in a proceeding other than an appeal, the provisions of any statutes or regulations cited or relied on that have not been reproduced in another party's memorandum, as Appendix A to the memorandum; and
(g) in a proceeding other than an appeal, a book of the authorities to be referred to that have not been included in another party's book of authorities, as Appendix B to the memorandum.
Marginal note:Enactments in both official languages
(2) Extracts of federal statutes and regulations in Appendix A to a memorandum of fact and law shall be reproduced in both official languages.
(3) If a memorandum of fact and law is filed in paper copy, the appendices may be bound separately from the memorandum.
(4) Unless otherwise ordered by the Court, a memorandum of fact and law, exclusive of Part V and appendices, shall not exceed 30 pages in length.
- SOR/2002-417, s. 9;
- SOR/2015-21, s. 10.
- Date modified: