Federal Courts Rules (SOR/98-106)

Marginal note:Types of originating documents

• 63 (1) Unless otherwise provided by or under an Act of Parliament, the originating document for the commencement of

  • (a) an action, including an appeal by way of an action, is a statement of claim;

  • (b) a counterclaim against a person who is not yet a party to the action is a statement of defence and counterclaim;

  • (c) a third party claim against a person who is not yet a party to the action is a third party claim;

  • (d) an application is a notice of application; and

  • (e) an appeal is a notice of appeal.

• Marginal note:Other originating documents

  (2) Where by or under an Act of Parliament a proceeding is to be commenced by way of a document different from the originating document required under these Rules, the rules applicable to the originating document apply in respect of that document.