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Federal Courts Rules

Version of section 50 from 2021-06-17 to 2022-01-12:

Marginal note:Prothonotaries

  •  (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

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