Federal Courts Rules (SOR/98-106)

Marginal note:Setting aside or variance

• 399 (1) On motion, the Court may set aside or vary an order that was made

  • (a) ex parte; or

  • (b) in the absence of a party who failed to appear by accident or mistake or by reason of insufficient notice of the proceeding,

  if the party against whom the order is made discloses a prima facie case why the order should not have been made.

• Marginal note:Setting aside or variance

  (2) On motion, the Court may set aside or vary an order

  • (a) by reason of a matter that arose or was discovered subsequent to the making of the order; or

  • (b) where the order was obtained by fraud.

• Marginal note:Effect of order

  (3) Unless the Court orders otherwise, the setting aside or variance of an order under subsection (1) or (2) does not affect the validity or character of anything done or not done before the order was set aside or varied.