Federal Courts Rules

Contents

2,776 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Whereas, pursuant to subsection 46(4) of the Federal Court Act, a copy of the proposed Federal Court Rules, 1998 was published in the Canada Gazette Part I on S
2. Part 1 · Application and Interpretation
   1. Application
   2. Interpretation
   3. Computation, Extension and Abridgement of Time
3. Part 2 · Administration of the Court
   1. Officers of the Court
   2. Court Seals
   3. Registry
   4. Fees
   5. Court Files
   6. Unclaimed Exhibits
   7. Hearings
   8. Summoning of Witnesses or Other Persons
4. Part 3 · Rules Applicable to All Proceedings
   1. General
   2. Commencement of Proceedings
   3. Court Documents
   4. Affidavit Evidence and Examinations
   5. Joinder, Intervention and Parties
   6. Representation of Parties
   7. Service of Documents
   8. Payments
   9. Filing of Confidential Material
   10. References
   11. Summary Disposition
5. Part 4 · Actions
   1. Application of this Part
   2. Pleadings in an Action
   3. Preliminary Matters
   4. Default Proceedings
   5. Summary Judgment and Summary Trial
   6. Questions of Law
   7. Striking Out Pleadings
   8. Discovery and Inspection
   9. Admissions
   10. Pre-Trial
   11. Trial Procedure
   12. Simplified Action
6. Part 5 · Applications
   1. Application of this Part
   2. General
   3. Exceptions to General Procedure
   4. Material in the Possession of a Tribunal
   5. References from a Tribunal
   6. Commercial Arbitrations
   7. Divorce Proceedings
   8. Foreign Judgments and Arbitral Awards
7. Part 5.1 · Class Proceedings
   1. Application
   2. Proceedings That May Be Certified as Class Proceedings
   3. Motion for Certification
   4. Certification
   5. Opting Out and Exclusion
   6. Examination for Discovery
   7. Participation
   8. Judgments
   9. Settlements
   10. Discontinuance
   11. Appeals
   12. Notices
   13. Costs
8. Part 6 · Appeals
   1. Application of this Part
   2. General
   3. Condensed Book
   4. Consent to Reversal or Variation of Judgment
   5. Material in the Possession of a Tribunal
   6. New Evidence on Appeal
   7. Motions for Leave to Appeal
   8. Leave to Appeal to the Supreme Court of Canada
9. Part 7 · Motions
   1. 358 Application
   2. 359 Notice of motion
   3. 360 Return of motion
   4. 361 Service on ex parte motion
   5. 362 Service and filing of notice
   6. 363 Evidence on motion
   7. 364 Motion record
   8. 365 Respondent’s motion record
   9. 366 Memorandum of fact and law required
   10. 367 Documents filed as part of motion record
   11. 368 Transcripts of cross-examinations
   12. 369 Motions in writing
   13. 369.1 Motions in the Federal Court of Appeal
   14. 369.2 Written representations only — Federal Court of Appeal
   15. 370 Abandonment of motion
   16. 371 Testimony regarding issue of fact
10. Part 8 · Preservation of Rights in Proceedings
    1. General
    2. Interim and Interlocutory Injunctions
    3. Appointment of a Receiver
    4. Preservation of Property
11. Part 9 · Case Management and Dispute Resolution Services
    1. Case Management
    2. Dispute Resolution Services
12. Part 10 · Orders
    1. 392 Disposition of hearing
    2. 393 Reasons
    3. 394 Drafting of order
    4. 395 Copies to be sent
    5. 396 Recording of orders
    6. 397 Motion to reconsider
    7. 398 Stay of order
    8. 399 Setting aside or variance
13. Part 11 · Costs
    1. Awarding of Costs Between Parties
    2. Assessment of Costs
    3. Security for Costs
    4. Offer to Settle
14. Part 12 · Enforcement of Orders
    1. General
    2. Writs of Execution
    3. Garnishment Proceedings
    4. Charging Orders
    5. Contempt Orders
    6. Process of the Court
15. Part 13 · Admiralty Actions
    1. Application of this Part
    2. Definitions
    3. Actions In Rem and In Personam
    4. Arrest of Property
    5. Bail
    6. Release from Arrest
    7. Sale of Arrested Property
    8. Caveats
    9. Limitation of Liability
    10. Actions for Collision
16. Part 14 · Transitional, Repeal and Coming into Force
    1. Transitional
    2. Coming Into Force
17. TO THE ADMINISTRATOR I REQUIRE (Choose appropriate option(s) and include all particulars necessary for the Administrator to act. Where what is sought is authori
18. (Court Seal) Subpoena To: (Name and address of witness) YOU ARE REQUIRED TO ATTEND TO GIVE EVIDENCE IN COURT at the hearing of this proceeding on (day), (date)
19. (Court File No.) (General Heading — Use Form 66) Order for Attendance of Person in Custody TO THE OFFICERS OF (name of penitentiary, correctional institution, e
20. TO ALL POLICE OFFICERS AND TO OFFICERS OF ALL CORRECTIONAL INSTITUTIONS IN CANADA: WHEREAS the witness (name), of (address), was served with a subpoena to give
21. I, (name), having been named as an expert witness by the (party), certify that I have read the Code of Conduct for Expert Witnesses set out in the schedule to t
22. (Court File No.) Action FEDERAL COURT (where a simplified action under rule 292: SIMPLIFIED ACTION) BETWEEN: (Name) Plaintiff and (Name) Defendant (Title of Doc
23. The (identify party) intends to question the constitutional validity, applicability or effect (state which) of (identify the particular legislative provision).
24. [Repealed, SOR/2015-21, s. 29]
25. I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT: 1
26. You swear (or affirm) that you understand the (language of deponent) and the language in which the affidavit is written and that you will faithfully translate o
27. Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (Regional Municipality, etc.) of (name) by the interpretation of (name of interpreter),
28. TO: (name of person to be examined) YOU ARE REQUIRED TO ATTEND AN EXAMINATION (for discovery, in aid of execution, etc.) on behalf of (identify party) on (day),
29. You swear (or affirm) that you understand the (language of witness) language and the language in which the examination is to be conducted and that you will trul
30. TO: (name of person required to answer the written examination) The (identify examining party) has chosen to examine the (identify person to be examined) for di
31. I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) SWEAR (or AFFIRM) THAT the
32. The plaintiff (or as the case may be), formerly represented by (name of former solicitor), has appointed (name of new solicitor) as solicitor of record. (Date)
33. The plaintiff (or as the case may be), formerly acting in person, has appointed (name) as solicitor of record. (Date) TO: (Name and address of other solicitors
34. The plaintiff (or as the case may be), formerly represented by (name) as solicitor of record, intends to act in person. (Date) TO: (Name and address of former s
35. Notice of Limited-Scope Representation The plaintiff (or as the case may be) has appointed (name) as solicitor to provide limited-scope representation in the pr
36. Notice to Cease Limited-Scope Representation TAKE NOTICE THAT I, (name of solicitor), solicitor, am no longer providing (name of party) with limited-scope repre
37. TO: (full name) You are served by mail with the documents enclosed with this card in accordance with the Federal Courts Rules. You are required to sign the ackn
38. [Repealed, SOR/2015-21, s. 30]
39. Notice of Consent to Electronic Service The plaintiff (or as the case may be) consents to the electronic service of all documents in this action (or as the case
40. Withdrawal of Consent to Electronic Service The plaintiff (or as the case may be) withdraws the consent to the electronic service of documents in this action (o
41. Affidavit of Service I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEA
42. I, (name of solicitor), Solicitor, certify that I caused the plaintiff (or as the case may be), (name of party served) to be duly served with (if enclosure “thi
43. (To be presented to Registry in triplicate with certified cheque or other bill of exchange for money being paid in.) Pursuant to (here insert reference to Court
44. The plaintiff (or as the case may be) wholly discontinues this action (or as the case may be). (Date) TO: (Names and addresses of other solicitors or parties)
45. (Court seal) Statement of Claim TO THE DEFENDANT: A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the Plaintiff. The claim made against you is set out in t
46. 1 The defendant admits the allegations contained in paragraphs of the statement of claim. 2 The defendant denies the allegations contained in paragraphs of the
47. 1 The plaintiff admits the allegations contained in paragraphs of the statement of defence. 2 The plaintiff denies the allegations contained in paragraphs of th
48. (Include the counterclaim in the same document as the statement of defence and entitle the document STATEMENT OF DEFENCE AND COUNTERCLAIM. The counterclaim foll
49. (Add a second title of proceeding, as follows:) (Court seal) AND BETWEEN: (Name) Plaintiff by counterclaim and (Name) Defendants to the counterclaim Statement o
50. (A plaintiff who files a reply in the main action must include the defence to counterclaim in the same document as the reply, entitled REPLY AND DEFENCE TO COUN
51. 1 The plaintiff by counterclaim admits the allegations contained in paragraphs of the defence to counterclaim. 2 The plaintiff by counterclaim denies the allega
52. (Refer to the requirements of Rules 193 and 194 to determine whether third party claim may be served without first obtaining leave of the Court.) Third Party Cl
53. (Court File No.) FEDERAL COURT BETWEEN: (Name) Plaintiff and (Court seal) (Name) Defendant and (Name) Third Party (Refer to the requirements of Rules 193 and 19
54. 1 The third party admits the allegations contained in paragraphs of the third party claim. 2 The third party denies the allegations contained in paragraphs of t
55. 1 The defendant admits the allegations contained in paragraphs of the third party defence. 2 The defendant denies the allegations contained in paragraphs of the
56. The defendant (or defendant added by counterclaim or third party) intends to respond to this action. (Date) TO: (Name and address of plaintiff’s solicitor or pl
57. I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT: 1
58. YOU ARE REQUESTED TO ADMIT, for the purposes of this proceeding only, the truth of the following facts: (Set out facts in consecutively numbered paragraphs.) YO
59. In response to the request to admit dated (date), the (party responding to the request): 1 Admits the truth of facts numbered: (specify) 2 Admits the authentici
60. THE PLAINTIFF (or DEFENDANT (if more than one (name), or as the case may be) REQUESTS that a date be set for a pre-trial conference in this action. THE PLAINTIF
61. (Court seal) Notice of Pre-Trial Conference TO THE PARTIES AND THEIR SOLICITORS: PURSUANT TO the requisition filed by (identify party) on (date), a pre-trial co
62. 1 THIS COURT ORDERS that the Administrator prepare and issue a commission naming (name), of (address) as commissioner to take the evidence of the witness (name
63. (Court seal) Commission TO: (Name and address of commissioner) YOU HAVE BEEN APPOINTED A COMMISSIONER for the purpose of taking evidence in a proceeding now pen
64. (Court seal) Letter of Request TO THE JUDICIAL AUTHORITIES OF (name of state or country) A PROCEEDING IS PENDING IN THIS COURT between (name), plaintiff (or as
65. (Court seal) Notice of Application TO THE RESPONDENT: A PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the applicant. The relief claimed by the applicant appears
66. The respondent intends to appear in respect of this application. (Date) TO: (Names and addresses of other solicitors or parties)
67. THE APPLICANT REQUESTS that a date be set for the hearing of this application. THE APPLICANT CONFIRMS THAT: 1 The requirements of subsection 309(1) of the Feder
68. (Court seal) Notice of Summary Application TO THE RESPONDENT: A SUMMARY APPLICATION HAS BEEN COMMENCED by the applicant under section 231.7 of the Income Tax Ac
69. (The Attorney General of (Canada or as may be) or name of person who participated before tribunal) intends to participate in this reference. (Date) TO: (Names a
70. Notice of Application for Registration of a Foreign Judgment A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for registration in Canada of a foreign judg
71. Notice of Application for Recognition and Enforcement of an Arbitral Award A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for recognition and enforcemen
72. (Court seal) Notice of Appeal TO THE RESPONDENT: A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the appellant. The relief claimed by the appellant appears
73. (Court File No.) FEDERAL COURT OF APPEAL BETWEEN: (Name) Appellant and (Name) Respondent (Court seal) Notice of Appeal (under subsection 27(1.2) of the Federal
74. The respondent intends to participate in this appeal. (Date) TO: (Names and addresses of other solicitors or parties)
75. THE RESPONDENT CROSS-APPEALS in this appeal and asks that the order be set aside and judgment granted as follows (or “that the order be varied as follows”, or a
76. I, (name), solicitor for the appellant (or appellant), certify that the contents of the appeal book in this appeal are complete and legible. (Date)
77. THE APPELLANT (or RESPONDENT, as the case may be) REQUESTS that a date be set for the hearing of this appeal. THE APPELLANT (or RESPONDENT, as the case may be)
78. Notice of Motion (Include one of the following introductory sentences, as applicable.) TAKE NOTICE THAT (name of party) will make a motion to the Federal Court
79. (Motion to be heard orally) The plaintiff (or as the case may be) wholly abandons the motion returnable (date). (Motion in writing) The plaintiff (or as the cas
80. TO THE PARTIES AND THEIR SOLICITORS: IN THIS ACTION, MORE THAN 180 DAYS HAVE ELAPSED since the filing of the statement of claim and no statement of defence has
81. [Repealed, SOR/2007-214, s. 5]
82. TO THE PARTIES AND THEIR SOLICITORS: IN THIS APPLICATION (OR APPEAL) MORE THAN 180 DAYS HAVE ELAPSED since the issuance of the notice of application (or appeal)
83. TO THE ADMINISTRATOR: TAKE NOTICE THAT the parties have settled this proceeding (or the following issues in this proceeding:). (Date) (Date)
84. (Court seal) Writ of Seizure and Sale To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be): Under an order of this Court
85. (Court seal) Writ of Sequestration To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be): Under an order of this Court ma
86. (Court seal) Writ of Possession To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be): Under an order of this Court made
87. (Court seal) Writ of Delivery To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be): Under an order of this Court made on
88. Requisition for Notice of Garnishment TO THE ADMINISTRATOR: I REQUIRE that a notice of garnishment, conforming to the attached Form 449B, be issued in this proc
89. (Court File No.) BETWEEN: (name) Judgment creditor and (name) Judgment debtor and (name) Garnishee (Court seal) Notice of Garnishment TO: (name and address of g
90. (Court File No.) BETWEEN: (name) Judgment creditor and (name) Judgment debtor and (name) Garnishee Declaration of Garnishee 1 The garnishee, (insert name or nam
91. Interim Charging Order — Real Property or Immoveables WHEREAS by a judgment (or order) made on (date) the defendant (or as the case may be) was ordered to pay t
92. Interim Charging Order — Securities WHEREAS by a judgment (or order) made on (date) the defendant (or as the case may be) was ordered to pay to the plaintiff (o
93. IT IS ORDERED that the interest of the defendant (or as the case may be) (name) in the asset specified in the Schedule to this order stands charged with the pay
94. (Court File No.) FEDERAL COURT ADMIRALTY ACTION IN REM BETWEEN: (Name) Plaintiff and The owners and all others interested in The Ship (name) (or) The owners and
95. (Court seal) Warrant TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be): YOU ARE DIRECTED to arrest the ship (name), (
96. I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT: 1
97. TAKE NOTICE that bail has been offered in the sum of $(amount) on behalf of the (insert name of party on whose behalf bail is to be given, and state whether pla
98. TAKE NOTICE that the plaintiff (or as the case may be) (name) objects to the bail given by (name of surety) on behalf of the defendant (or as the case may be) (
99. TO the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be): WHEREAS by warrant issued (date) you were directed to arrest the s
100. (Court seal) Commission of Appraisal (or SALE, or APPRAISAL AND SALE, as the case may be) TO the Sheriff of the (County, Regional Municipality, etc. of (name),
101. TAKE NOTICE THAT I, (full name and address) apply for a caveat against the issue of any warrant for the arrest of the ship (name) (or description of other prope
102. TAKE NOTICE THAT I, (full name and address), apply for a caveat against the release of the ship (name) (or description of other property), now under arrest purs
103. TAKE NOTICE THAT I, (full name and address), apply for a caveat against the payment of any money out of the proceeds of the sale of the ship (name) (or descript
104. TAKE NOTICE THAT I, (full name and address), withdraw the caveat (warrant or release or payment) filed by me in this action (or as the case may be) on (date). (
105. Schedule TARIFF A · (Rules 19, 20, 42, 43, 71 and 89)
     1. 1 Fees payable on issuance
     2. 2 Fees payable for trial or hearing
     3. 3 Witness fees
     4. 4 Services of court officers
     5. 5 Sheriff’s services where no tariff provided
106. Schedule TARIFF B · (Rules 400 and 407)
     1. 1 Bill of costs
     2. 2 Calculation
     3. 3 Unit value
     4. 4 Adjustment of unit value
107. Code of Conduct for Expert Witnesses (Rule 52.2)
     1. 1 An expert witness named to provide a report for use as evidence, or to testify in a proceeding, has an overriding duty to assist the Court impartially on matt
     2. 2 This duty overrides any duty to a party to the proceeding, including the person retaining the expert witness. An expert is to be independent and objective. An
     3. 3 An expert’s report submitted as an affidavit or statement referred to in rule 52.2 of the Federal Courts Rules shall include
     4. 4 An expert witness must report without delay to persons in receipt of the report any material changes affecting the expert’s qualifications or the opinions exp
     5. 5 An expert witness who is ordered by the Court to confer with another expert witness
108. Related provisions