Federal Courts Rules (SOR/98-106)

Marginal note:Appointment of representatives

• 115 (1) The Court may appoint one or more persons to represent

  • (a) unborn or unascertained persons who may have a present, future, contingent or other interest in a proceeding; or

  • (b) a person under a legal disability against or by whom a proceeding is brought.

• Marginal note:Who may be appointed

  (2) The Court may appoint as a representative under subsection (1)

  • (a) a person who has already been appointed as such a representative under the laws of a province; or

  • (b) a person eligible to act as a representative in the jurisdiction in which the person to be represented is domiciled.

• Marginal note:Order binding on represented person

  (3) Unless the Court orders otherwise, a person for whom a representative is appointed under subsection (1) is bound by any order made in the proceeding.

Transmission of Interest

Marginal note:Proceeding not to terminate

116 A proceeding is not terminated only by reason that a party to a proceeding dies or becomes bankrupt or, in the case of a corporation, ceases to exist.

Marginal note:Assignment, transmission or devolution of interest or liability

• 117 (1) Subject to subsection (2), where an interest of a party in, or the liability of a party under, a proceeding is assigned or transmitted to, or devolves upon, another person, the other person may, after serving and filing a notice and affidavit setting out the basis for the assignment, transmission or devolution, carry on the proceeding.

• Marginal note:Objection to person continuing

  (2) If a party to a proceeding objects to its continuance by a person referred to in subsection (1), the person seeking to continue the proceeding shall bring a motion for an order to be substituted for the original party.

• Marginal note:Court may give directions

  (3) In an order given under subsection (2), the Court may give directions as to the further conduct of the proceeding.

Marginal note:Failure to continue

118 Where an interest of a party in, or the liability of a party under, a proceeding has been assigned or transmitted to, or devolves upon, a person and that person has not, within 30 days, served a notice and affidavit referred to in subsection 117(1) or obtained an order under subsection 117(2), any other party to the proceeding may bring a motion for default judgment or to have the proceeding dismissed.

Representation of Parties

General

Marginal note:Individuals

• 119 (1) Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding.

• Marginal note:Limited-scope representation

  (2) Except in respect of a party referred to in rule 121, representation by a solicitor may be limited in scope to only those aspects of the proceeding that are within a solicitor’s mandate that is agreed to by the individual and the solicitor.

Marginal note:Corporations or unincorporated associations

120 A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.

Marginal note:Parties under legal disability or acting in representative capacity

121 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.

Marginal note:Rights and obligations

122 Subject to paragraphs 146(1)(b) and 152(2)(a) and unless the Court orders otherwise,

• (a) a party who is not represented by a solicitor, or a person who is authorized under rule 120 to represent a party, shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules; and

• (b) a party who is represented by a solicitor who is providing limited-scope representation shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules in respect of those aspects of the proceeding that are not within the solicitor’s mandate.

Solicitor of Record

Marginal note:Solicitor of record

• 123 (1) If a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party.

• Marginal note:Limited-scope representation

  (2) If a solicitor is providing limited-scope representation to a party, the solicitor is the solicitor of record only in respect of those aspects of the proceeding that are within the solicitor’s mandate.

Marginal note:Appointment, change and removal of solicitor of record

• 124 (1) Subject to subsections (2) and (3), a party may appoint a solicitor, or change or remove its solicitor of record, by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.

• Marginal note:Limited-scope representation — notice of appointment

  (2) A party may appoint a solicitor to provide limited-scope representation by serving and filing a notice of limited-scope representation, in Form 124D, that is signed by the party and the solicitor and that sets out

  • (a) the scope of the solicitor’s mandate;

  • (b) whether it is the party or the solicitor who is to be served with documents relating to the mandate; and

  • (c) if it is the solicitor who is to be served, the solicitor’s address for service.

• Marginal note:Limited-scope representation

  (3) However, with leave of the Court, a party may appoint a solicitor to provide limited-scope representation before serving and filing the notice referred to in subsection (2).

• Marginal note:Request for leave

  (4) The request for leave shall be made in open court by the solicitor and shall summarize the scope of their mandate. If the request is granted, the party shall file the notice referred to in subsection (2) within two days after the day on which leave is granted.

• Marginal note:Ceasing limited-scope representation

  (5) A solicitor who is providing limited-scope representation to a party may cease representation of the party by serving a notice to cease limited-scope representation, in Form 124E that is signed by the solicitor, on that party and all other parties to the proceeding and by filing the notice.

Marginal note:Motion for removal of solicitor of record

• 125 (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record.

• Marginal note:Manner of service

  (2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor

  • (a) by personal service; or

  • (b) where personal service cannot practicably be effected,

    • (i) by mailing the notice of motion to the party at the party’s last known address, or

    • (ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated.

• Marginal note:Order to be served

  (3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding.

• Marginal note:Proof of service

  (4) An order under subsection (1) does not take effect until proof of its service has been filed.

Marginal note:Cessation of representation

126 A solicitor is deemed not to represent a party if the solicitor dies or ceases to act for the party for any of the following reasons:

• (a) appointment to a public office incompatible with the solicitor’s profession;

• (b) suspension or disbarment as a solicitor;

• (c) an order made under rule 125; or

• (d) the solicitor serves and files a notice under subsection 124(5).

Service of Documents

Address for Service

Marginal note:Party’s address for service

• 126.1 (1) Subject to subsections (2) and (3), a party’s address for service is

  • (a) if the party is not represented by a solicitor, the address shown on the last document filed by the party that indicates an address in Canada; or

  • (b) if the party is represented by a solicitor of record, the solicitor’s address that is set out in the last document filed by the solicitor in the proceeding.

• Marginal note:Exception — limited-scope representation

  (2) If a party is represented by a solicitor who is providing limited-scope representation and who has agreed to accept the service of documents relating to their mandate, the party’s address for service in relation to those documents is the address set out for that purpose in the notice of limited-scope representation.

• Marginal note:Exception — Crown or Attorney General of Canada

  (3) The address for service for the Crown or the Attorney General of Canada is the address of the office of the Deputy Attorney General of Canada in Ottawa.

Personal Service

Marginal note:Service of originating documents

• 127 (1) An originating document that has been issued, other than in an appeal from the Federal Court to the Federal Court of Appeal or an ex parte application under rule 327, shall be served personally.

• Marginal note:Exception

  (2) A party who has already participated in the proceeding need not be personally served.

• Marginal note:Service of notice of appeal on the Crown

  (3) Despite subsections (1) and (2), in the case of an appeal from Federal Court to the Federal Court of Appeal, if the Crown, the Attorney General of Canada or any other minister of the Crown is a respondent, the notice of appeal shall be served personally on them in accordance with rule 133.

Marginal note:Personal service on individual

• 128 (1) Personal service of a document on an individual, other than an individual under a legal disability, is effected

  • (a) by leaving the document with the individual;

  • (b) by leaving the document with an adult person residing at the individual’s place of residence, and mailing a copy of the document to the individual at that address;

  • (c) where the individual is carrying on a business in Canada, other than a partnership, in a name or style other than the individual’s own name, by leaving the document with the person apparently having control or management of the business at any place where the business is carried on in Canada;

  • (d) by mailing the document to the individual’s last known address, accompanied by an acknowledgement of receipt form in Form 128, if the individual signs and returns the acknowledgement of receipt card or signs a post office receipt;

  • (e) by mailing the document by registered mail to the individual’s last known address, if the individual signs a post office receipt; or

  • (f) in any other manner provided by an Act of Parliament applicable to the proceeding.

• Marginal note:Effective day of service

  (2) Service under paragraph (1)(b) is effective on the tenth day after the copy is mailed.

• Marginal note:Effective day of service

  (3) Service under paragraph (1)(d) or (e) is effective on the day of receipt indicated on the acknowledgement of receipt form or post office receipt, as the case may be.

Marginal note:Personal service on individual under legal disability

129 Personal service of a document on an individual under a legal disability is effected by serving the individual in such a manner as the Court may order, having regard to the manner in which the interests of the person will be best protected.

Marginal note:Personal service on corporation

• 130 (1) Subject to subsection (2), personal service of a document on a corporation is effected

  • (a) by leaving the document

    • (i) with an officer or director of the corporation or a person employed by the corporation as legal counsel, or

    • (ii) with the person apparently in charge, at the time of the service, of the head office or of the branch or agency in Canada where the service is effected;

  • (b) in the manner provided by any Act of Parliament applicable to the proceeding; or

  • (c) in the manner provided for service on a corporation in proceedings before a superior court in the province in which the service is being effected.

• Marginal note:Personal service on municipal corporation

  (2) Personal service of a document on a municipal corporation is effected by leaving the document with the chief executive officer or legal counsel of the municipality.

Marginal note:Personal service on partnership

131 Personal service of a document on a partnership is effected by leaving the document with

• (a) where the partnership is a limited partnership, a general partner; and

• (b) in any other case, a partner or the person who has the control or management of the partnership business at its principal place of business in Canada.

Marginal note:Personal service on sole proprietorship

131.1 Personal service of a document on a sole proprietorship is effected by leaving the document with

• (a) the sole proprietor; or

• (b) the person apparently in charge, at the time of the service, of the place of business of the sole proprietorship in Canada where the service is effected.

Marginal note:Personal service on unincorporated association

132 Personal service of a document on an unincorporated association is effected by leaving the document with

• (a) an officer of the association; or

• (b) the person who has the control or management of the affairs of the association at any office or premises occupied by the association.