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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2022-09-22 and last amended on 2022-01-13. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Joinder, Intervention and Parties (continued)

Questions of General Importance

Marginal note:Notice to Attorney General

 Where a question of general importance is raised in a proceeding, other than a question referred to in section 57 of the Act,

  • (a) any party may serve notice of the question on the Attorney General of Canada and any attorney general of a province who may be interested;

  • (b) the Court may direct the Administrator to bring the proceeding to the attention of the Attorney General of Canada and any attorney general of a province who may be interested; and

  • (c) the Attorney General of Canada and the attorney general of a province may apply for leave to intervene.

Parties

Marginal note:Unincorporated associations

 A proceeding may be brought by or against an unincorporated association in the name of the association.

Marginal note:Partnerships

 A proceeding by or against two or more persons as partners may be brought in the name of the partnership.

  • SOR/2002-417, s. 11

Marginal note:Sole proprietorships

 A proceeding by or against a person carrying on business as a sole proprietor may be brought in the name of the sole proprietorship.

  • SOR/2002-417, s. 11

Marginal note:Estates and trusts

  •  (1) A proceeding may be brought by or against the trustees, executors or administrators of an estate or trust without joining the beneficiaries of the estate or trust.

  • Marginal note:Order binding on beneficiaries

    (2) Unless the Court orders otherwise, beneficiaries of an estate or trust are bound by an order against the estate or trust.

Marginal note:Where deceased has no representative

  •  (1) Where a party to a proceeding is deceased and the estate of the deceased is not represented, the Court may appoint a person to represent the estate of the deceased or order that the proceeding continue without representation of the estate.

  • Marginal note:Notice

    (2) Before making an order under subsection (1), the Court may require that notice be given to all persons who have an interest in the estate of the deceased.

Marginal note:Representative proceedings

  •  (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that

    • (a) the issues asserted by or against the representative and the represented persons

      • (i) are common issues of law and fact and there are no issues affecting only some of those persons, or

      • (ii) relate to a collective interest shared by those persons;

    • (b) the representative is authorized to act on behalf of the represented persons;

    • (c) the representative can fairly and adequately represent the interests of the represented persons; and

    • (d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding.

  • Marginal note:Powers of the Court

    (2) At any time, the Court may

    • (a) determine whether the conditions set out in subsection (1) are being satisfied;

    • (b) require that notice be given, in a form and manner directed by it, to the represented persons;

    • (c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and

    • (d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately.

  • Marginal note:Orders in representative proceeding

    (3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court.

  • Marginal note:Approval of discontinuance or settlement

    (4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court.

  • Marginal note:Style of cause

    (5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”.

  • SOR/2007-301, s. 4

Marginal note:Appointment of representatives

  •  (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

 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

  •  (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

 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

  •  (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

 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

 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.

  • SOR/2002-417, s. 13
  • SOR/2007-301, s. 5

Marginal note:Rights and obligations

 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

  •  (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

  •  (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

  •  (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

 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

  •  (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

  •  (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.

  • SOR/2004-283, s. 13
  • SOR/2010-177, s. 1
 
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