Federal Courts Rules
50 (1) A prothonotary may hear, and make any necessary orders relating to, any motion under these Rules other than a motion
(a) in respect of which these Rules or an Act of Parliament has expressly conferred jurisdiction on a judge;
(b) in the Federal Court of Appeal;
(c) for summary judgment or summary trial other than
(i) in an action referred to in subsection (2), or
(ii) in respect of a claim referred to in subsection (3);
(d) to hold a person in contempt at a hearing referred to in paragraph 467(1)(a);
(e) for an injunction;
(f) relating to the liberty of a person;
(g) to stay, set aside or vary an order of a judge, other than an order made under paragraph 385(a), (b) or (c);
(h) to stay execution of an order of a judge;
(i) to appoint a receiver;
(j) for an interim order under section 18.2 of the Act;
(k) to appeal the findings of a referee under rule 163; or
(l) for the certification of an action or an application as a class proceeding.
Marginal note:Actions not over $100,000
(2) A prothonotary may hear an action exclusively for monetary relief, or an action in rem claiming monetary relief, in which no amount claimed by a party exceeds $100,000 exclusive of interest and costs.
Marginal note:Class proceedings
(3) A prothonotary may hear a claim in respect of one or more individual questions in a class proceeding in which the amount claimed by a class member does not exceed $100,000 exclusive of interest and costs.
Marginal note:Foreign judgment
(4) A prothonotary may hear an application under rule 327 for registration, recognition or enforcement of a foreign judgment.
Marginal note:Matters on consent
(5) Despite paragraphs (1)(c) and (k), a prothonotary may render any final judgment that could be rendered by a judge of the Federal Court, except in a proceeding in respect of which an Act of Parliament expressly confers jurisdiction on a judge, if the prothonotary is satisfied that all of the parties that will be affected by the judgment have given their consent.
- SOR/2002-417, s. 8
- SOR/2004-283, s. 32
- SOR/2007-130, s. 2
- SOR/2007-301, s. 2
- SOR/2009-331, s. 1
- SOR/2021-150, s. 1
- Date modified: