Federal Courts Rules (SOR/98-106)

Admissions

Marginal note:Request to admit fact or document

255 A party may, after pleadings have been closed, request that another party admit a fact or the authenticity of a document by serving a request to admit, in Form 255, on that party.

Marginal note:Effect of request to admit

256 A party who is served with a request to admit is deemed to admit a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in Form 256 within 20 days after its service and denies the admission, setting out the grounds for the denial.

Pre-Trial

Settlement Discussions

Marginal note:Settlement discussions

257 Within 60 days after the close of pleadings, the solicitors for the parties shall discuss the possibility of settling any or all of the issues in the action and of bringing a motion to refer any unsettled issues to a dispute resolution conference.

Pre-trial Conferences

Marginal note:Requisition for pre-trial conference

• 258 (1) After the close of pleadings, a party who is not in default under these Rules or under an order of the Court and who is ready for trial may serve and file a requisition for a pre-trial conference, accompanied by a pre-trial conference memorandum.

• Marginal note:Contents of requisition

  (2) A requisition for a pre-trial conference shall be in Form 258 and include a certification by the solicitor of record that

  • (a) all examinations for discovery that the party intends to conduct have been completed; and

  • (b) settlement discussions have taken place in accordance with rule 257.

• Marginal note:Contents of pre-trial conference memorandum

  (3) A pre-trial conference memorandum shall contain

  • (a) a concise statement of the nature of the proceeding;

  • (b) any admissions of the party;

  • (c) the factual and legal contentions of the party; and

  • (d) a statement of the issues to be determined at trial.

• Marginal note:Documents

  (4) A pre-trial conference memorandum shall be accompanied by a copy of all documents that are intended to be used at trial that may be of assistance at the pre-trial conference, including all affidavits or statements of expert witnesses.

• (5) [Repealed, SOR/2010-176, s. 4]

Marginal note:Time and place for pre-trial conference

259 On the filing of a requisition for a pre-trial conference, the Court shall fix a time, not more than 60 days thereafter, and place for the pre-trial conference.

Marginal note:Participation at pre-trial conference

260 Unless the Court directs otherwise, the solicitors of record for the parties and the parties or their authorized representatives shall participate in a pre-trial conference.

Marginal note:Notice of pre-trial conference

261 The Administrator shall serve a notice of pre-trial conference, in Form 261, on the parties at least 30 days before the date fixed for the conference.

Marginal note:Pre-trial conference memoranda

• 262 (1) Every party, other than the party who filed the requisition for a pre-trial conference, shall serve and file a pre-trial conference memorandum within 30 days after being served with the requisition.

• Marginal note:Objection to expert

  (2) The pre-trial conference memorandum shall include any known objection to the requisitioning party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection.

Marginal note:Scope of pre-trial conference

263 Participants at a pre-trial conference must be prepared to address

• (a) the possibility of settlement of any or all of the issues in the action and of referring any unsettled issues to a dispute resolution conference;

• (b) simplification of the issues in the action;

• (c) any issues arising from any affidavits or statements of expert witnesses, including

  • (i) any objection to an opposing party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection,

  • (ii) any benefit to the litigation in ordering the experts to confer with one another in advance of trial in order to narrow the issues and identify the points on which their views differ, and

  • (iii) the need for any additional or rebuttal expert witness evidence;

• (d) the possibility of obtaining admissions that may facilitate the trial;

• (e) the issue of liability;

• (f) the amount of damages, where damages are claimed;

• (g) the estimated duration of the trial;

• (h) the advisability of having the Court appoint an assessor;

• (i) the advisability of a reference;

• (j) suitable dates for a trial;

• (k) the necessity for interpreters or simultaneous interpretation at the trial;

• (l) whether a notice of a constitutional question needs to be served under section 57 of the Act;

• (m) the content of the trial record; and

• (n) any other matter that may promote the timely and just disposition of the action.

Marginal note:Assignment of trial date

264 A judge or prothonotary who conducts a pre-trial conference shall fix the place of trial and assign a date for trial at the earliest practicable date after the pre-trial conference.

Marginal note:Order

• 265 (1) At a pre-trial conference,

  • (a) a judge may make any order respecting the conduct of the action; and

  • (b) a prothonotary may make any order respecting the conduct of the action other than an order under a motion referred to in any of paragraphs 50(1)(a) to (i).

• Marginal note:Service of expert’s affidavit or statement

  (2) If applicable, the order shall set out the time for service of any additional or rebuttal affidavits or statements of expert witnesses.

Marginal note:Pre-trial judge not to preside at trial

266 A judge or prothonotary who conducts a pre-trial conference in an action shall not preside at the trial of the action unless all parties consent.

Marginal note:No disclosure to the Court

267 No communication shall be made to a judge or prothonotary presiding at a trial or hearing, or on a motion or reference in an action, with respect to any statement made at a pre-trial conference, except as may be permitted in an order made at the conclusion of the pre-trial conference or as consented to by the parties.

Trial Record

Marginal note:Trial record

268 The plaintiff, or any other party so directed by the Court at a pre-trial conference, shall serve and file a trial record not later than 40 days before the date fixed for trial.

Marginal note:Content of trial record

269 A trial record shall contain the pleadings, any particulars, all orders and directions respecting the trial and any other filed document that is necessary for the conduct of the trial.

Trial Management Conference

Marginal note:Scope of trial management conference

270 Notwithstanding rule 266, a judge or prothonotary before whom an action has been set down for trial may, without being disqualified from presiding at the trial, hold a conference, either before or during the trial, to consider any matter that may assist in the just and timely disposition of the action.

Taking of Trial Evidence out of Court

Marginal note:Evidence taken out of court

• 271 (1) On motion, the Court may order the examination for trial of a person out of court.

• Marginal note:Considerations

  (2) In making an order under subsection (1), the Court may consider

  • (a) the expected absence of the person at the time of trial;

  • (b) the age or any infirmity of the person;

  • (c) the distance the person resides from the place of trial; and

  • (d) the expense of having the person attend at trial.

• Marginal note:Directions regarding taking evidence before trial

  (3) In an order under subsection (1), or on the subsequent motion of a party, the Court may give directions regarding the time, place, manner and costs of the examination, notice to be given to the person being examined and to other parties, the attendance of witnesses and the production of requested documents or material.

• Marginal note:Further examination

  (4) On motion, the Court may order the further examination, before the Court or before a person designated by the Court, of any witness examined under subsection (1), and if such an examination is not conducted, the Court may refuse to admit the evidence of that witness.