PART 3Rules Applicable to All Proceedings (continued)
Marginal note:Referee’s report
161 (1) The report of a referee shall include the findings of the referee in the same form as an order of the Court.
Marginal note:Filing of report
(2) The report of a referee, the record of any evidence taken at the hearing of the reference and any exhibits or other documents provided to the referee shall be filed as soon as possible after the report is signed.
Marginal note:Notice of report
(3) On the filing of a referee’s report, the Administrator shall send without delay a copy of it to all parties
(a) by registered mail;
(b) by electronic means, including facsimile and electronic mail; or
(c) by any other means, as directed by the Chief Justice, likely to bring the report to the attention of the party.
Marginal note:Proof of receipt
(4) If a report is transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.
- SOR/2010-177, s. 2
Marginal note:Report of referee who is a judge
162 The report of a referee who is a judge is final and becomes a judgment of the Court when it is filed.
Marginal note:Appeal of referee’s findings
163 (1) A party may appeal the findings of a report of a referee who is not a judge on motion to the court that ordered the reference.
Marginal note:Service of appeal
(2) Notice of a motion under subsection (1) shall be served and filed within 30 days after filing of the report of a referee and at least 10 days before the day fixed for hearing of the motion.
Marginal note:Powers of Court on appeal
(3) On an appeal under subsection (1), the Court may confirm, vary or reverse the findings of the report and deliver judgment or refer it back to the referee, or to another referee, for further inquiry and report.
- SOR/2004-283, s. 15
Marginal note:Report final if not appealed
164 (1) The report of a referee who is not a judge that is not appealed becomes final 30 days after it is filed.
Marginal note:Final report deemed judgment of Court
(2) A report of a referee, once final, becomes a judgment of the Court.
165 A party may discontinue all or part of a proceeding by serving and filing a notice of discontinuance.
Marginal note:Notice of discontinuance
166 A party shall file a declaration of settlement or a notice of discontinuance in Form 166 in a proceeding that has been concluded other than by a judgment or discontinuance on consent.
Marginal note:Dismissal for delay
167 The Court may, at any time, on the motion of a party who is not in default of any requirement of these Rules, dismiss a proceeding or impose other sanctions on the ground that there has been undue delay by a plaintiff, applicant or appellant in prosecuting the proceeding.
Marginal note:Dismissal where continuation impossible
168 Where following an order of the Court it is not possible to continue a proceeding, the Court may dismiss the proceeding.
Application of this Part
169 This Part applies to all proceedings that are not applications or appeals, including
(a) [Repealed, SOR/2021-151, s. 7]
(b) applications under subsection 33(1) of the Marine Liability Act; and
(c) any other proceedings required or permitted by or under an Act of Parliament to be brought as an action.
- SOR/2004-283, s. 37
- SOR/2021-151, s. 7
Marginal note:Rules applicable to counterclaims and third parties
170 Except as provided in rules 189 to 199, the rules in this Part applicable to plaintiffs and defendants apply, with such modifications as are necessary, to parties bringing or defending counterclaims and third party claims.
Pleadings in an Action
171 The following pleadings may be filed:
(a) in respect of an action,
(i) a statement of claim, in Form 171A,
(ii) a statement of defence, in Form 171B, and
(iii) a reply, in Form 171C;
(b) in respect of a counterclaim,
(i) a counterclaim, in Form 171D or 171E,,
(ii) a defence to counterclaim, in Form 171F, and
(iii) a reply to a defence to counterclaim, in Form 171G; and
(c) in respect of a third party claim,
(i) a third party claim, in Form 171H or 171I,
(ii) a third party defence, in Form 171J, and
(iii) a reply to a third party defence, in Form 171K.
Marginal note:Pleading after a reply
172 No pleading may be filed after a reply without leave of the Court.
Marginal note:Form of pleadings
173 (1) Pleadings shall be divided into consecutively numbered paragraphs.
Marginal note:Allegations set out separately
(2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.
Marginal note:Material facts
174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.
Marginal note:Pleading law
175 A party may raise any point of law in a pleading.
Marginal note:Conditions precedent
176 (1) The performance or occurrence of a condition precedent to the assertion of a claim or defence need not be pleaded.
Marginal note:Contesting condition precedent
(2) The non-performance or non-occurrence of a condition precedent shall be pleaded.
Marginal note:Documents or conversations
177 A pleading shall briefly describe any document or conversation referred to in the pleading, but need not set out the exact words of the document or conversation unless the words are themselves material.
Marginal note:Alternative claims or defences
178 A party may plead claims or defences in the alternative.
Marginal note:Subsequent facts
179 A party may plead a fact that occurs after the commencement of an action, even though the fact gives rise to a new claim or defence.
Marginal note:Inconsistent pleading
180 A party may plead an allegation of fact, or raise a new ground of claim in a pleading, that is inconsistent with a previous pleading only if the party amends the previous pleading accordingly.
181 (1) A pleading shall contain particulars of every allegation contained therein, including
(a) particulars of any alleged misrepresentation, fraud, breach of trust, wilful default or undue influence; and
(b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.
Marginal note:Further and better particulars
(2) On motion, the Court may order a party to serve and file further and better particulars of any allegation in its pleading
Statements of Claim
Marginal note:Claims to be specified
182 Every statement of claim, counterclaim and third party claim shall specify
(a) the nature of any damages claimed;
(b) where monetary relief is claimed, whether the amount claimed, exclusive of interest and costs, exceeds $50,000;
(c) the value of any property sought to be recovered;
(d) any other specific relief being claimed, other than costs; and
(e) whether the action is being proceeded with as a simplified action.
183 In a defence or subsequent pleading, a party shall
(a) admit every allegation of material fact in the pleadings of every adverse party that is not disputed;
(b) where it is intended to prove a version of facts that differs from that relied on by an adverse party, plead that version of the facts; and
(c) plead any matter or fact that
(i) might defeat a claim or defence of an adverse party, or
(ii) might take an adverse party by surprise if it were not pleaded.
Marginal note:Deemed denial
184 (1) All allegations of fact in a pleading that are not admitted are deemed to be denied.
Marginal note:Proof not required
(2) Unless denied by an adverse party, it is not necessary that a party prove
(a) its right to claim in a representative capacity; or
(b) its constitution as a partnership, association or corporation.
Marginal note:Effect of denial
185 Where a party alleges an agreement in a pleading, a bare denial of the agreement pleaded by another party shall be construed only as a denial of the making of the agreement or of the facts from which such an agreement may be implied and not as a denial of the legality or legal sufficiency of the agreement.
186 Where a claim to a sum of money, including a sum that is not ascertained, is relied on as a defence to all or part of a claim made by an adverse party, it may be included in a defence as a set-off against the claim, whether or not it is also added as a counterclaim.
Marginal note:Judgment for balance
187 Where judgments in an action and in a counterclaim are given at the same time, the Court may set off the amount of one award against the other, without prejudice as to costs.
Marginal note:Defence of tender
188 Subject to section 31.2 of the Crown Liability and Proceedings Act, a defence of tender before action may not be pleaded unless the defendant has paid into court the amount alleged to have been tendered.
Marginal note:When available
189 (1) A defendant who claims to be entitled to relief against a plaintiff may make a counterclaim instead of bringing a separate action.
Marginal note:Statement of defence and counterclaim
(2) A counterclaim shall be included in the same document as the statement of defence.
Marginal note:Style of cause
(3) A statement of defence and counterclaim shall contain a second style of cause identifying the plaintiff by counterclaim and the defendants to the counterclaim.
Marginal note:Counterclaim may proceed independently
190 A counterclaim may be proceeded with notwithstanding that judgment is given in the action or that the action is stayed or discontinued.
Marginal note:Counterclaim against person not already a party
191 (1) Where a defendant who counterclaims alleges that a person who is not a party to the action is liable to the defendant along with the plaintiff in respect of the subject-matter of the counterclaim, the defendant may join that person as a defendant to the counterclaim.
Marginal note:When counterclaim to be issued
(2) Where a defendant adds a person who is not already a party as a defendant to a counterclaim, the defendant’s statement of defence and counterclaim shall be
(a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and
(b) served on the person and on the other parties within 30 days after it is issued.
Marginal note:Defence to counterclaim
192 (1) A defendant to a counterclaim who is already a party to the action shall defend the counterclaim by serving and filing a defence to counterclaim within 30 days after service of the statement of defence and counterclaim.
Marginal note:Reply and defence to counterclaim
(2) A reply and a defence to counterclaim by a plaintiff against whom a counterclaim has been made shall be included in the same document.
Third Party Claims
Marginal note:Availability as of right
193 A defendant may commence a third party claim against a co-defendant, or against a person who is not a party to the action, who the defendant claims is or may be liable to the defendant for all or part of the plaintiff’s claim.
Marginal note:Where leave of Court required
194 With leave of the Court, a defendant may commence a third party claim against a co-defendant, or against another person who is not a defendant to the action, who the defendant claims
(a) is or may be liable to the defendant for relief, other than that referred to in rule 193, relating to the subject-matter of the action; or
(b) should be bound by the determination of an issue between the plaintiff and the defendant.
Marginal note:Time for third party claim
195 A third party claim against a co-defendant shall be served and filed within 10 days after the filing of the statement of defence.
Marginal note:Third party claim against non-defendant
196 (1) A third party claim against a person who is not already a party to the action shall be
(b) served within 30 days after it is issued.
Marginal note:Copy of pleadings
(2) A third party claim served on a person who is not already a party to the action shall be accompanied by a copy of all pleadings filed in the action.
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