Federal Courts Rules (SOR/98-106)

Marginal note:Evidence adduced by affidavit

• 299 (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to subsections (1.1) and (1.2), be served and filed

  • (a) in the case of evidence of a plaintiff, at least 20 days before the trial; and

  • (b) in the case of evidence of a defendant, at least 10 days before the trial.

• Marginal note:Admissibility of expert’s evidence

  (1.1) Unless the Court orders otherwise, no evidence in chief of an expert witness is admissible at the trial of an action in respect of any issue unless

  • (a) the issue has been defined by the pleadings or in an order made under rule 265;

  • (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 60 days before the commencement of the trial; and

  • (c) the expert witness is available at the trial for cross-examination.

• Marginal note:Admissibility of rebuttal evidence

  (1.2) Except with leave of the Court, no expert witness’s evidence to rebut evidence in an affidavit or statement served under paragraph (1.1)(b) is admissible unless an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 30 days before the commencement of the trial.

• Marginal note:Witness to be made available

  (2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial.

• Marginal note:Reply evidence

  (3) Reply evidence, including that of an expert witness, may be provided orally at trial.

299.1 [Repealed, SOR/2007-301, s. 6]

299.11 [Repealed, SOR/2007-301, s. 6]

299.12 [Repealed, SOR/2007-301, s. 6]

299.13 [Repealed, SOR/2007-301, s. 6]

299.14 [Repealed, SOR/2007-301, s. 6]

299.15 [Repealed, SOR/2007-301, s. 6]

299.16 [Repealed, SOR/2007-301, s. 6]

299.17 [Repealed, SOR/2007-301, s. 6]

299.18 [Repealed, SOR/2007-301, s. 6]

299.19 [Repealed, SOR/2007-301, s. 6]

299.2 [Repealed, SOR/2007-301, s. 6]

299.21 [Repealed, SOR/2007-301, s. 6]

299.22 [Repealed, SOR/2007-301, s. 6]

299.23 [Repealed, SOR/2007-301, s. 6]

299.24 [Repealed, SOR/2007-301, s. 6]

299.25 [Repealed, SOR/2007-301, s. 6]

299.26 [Repealed, SOR/2007-301, s. 6]

299.27 [Repealed, SOR/2007-301, s. 6]

299.28 [Repealed, SOR/2007-301, s. 6]

299.29 [Repealed, SOR/2007-301, s. 6]

299.3 [Repealed, SOR/2007-301, s. 6]

299.31 [Repealed, SOR/2007-301, s. 6]

299.32 [Repealed, SOR/2007-301, s. 6]

299.33 [Repealed, SOR/2007-301, s. 6]

299.34 [Repealed, SOR/2007-301, s. 6]

299.35 [Repealed, SOR/2007-301, s. 6]

299.36 [Repealed, SOR/2007-301, s. 6]

299.37 [Repealed, SOR/2007-301, s. 6]

299.38 [Repealed, SOR/2007-301, s. 6]

299.39 [Repealed, SOR/2007-301, s. 6]

299.4 [Repealed, SOR/2007-301, s. 6]

299.41 [Repealed, SOR/2007-301, s. 6]

299.42 [Repealed, SOR/2007-301, s. 6]

PART 5Applications

Application of this Part

Marginal note:Application

300 This Part applies to

• (a) applications for judicial review of administrative action, including applications under section 18.1 or 28 of the Act, unless the Court directs under subsection 18.4(2) of the Act that the application be treated and proceeded with as an action;

• (b) proceedings required or permitted by or under an Act of Parliament to be brought by application, motion, originating notice of motion, originating summons or petition or to be determined in a summary way, other than applications under subsection 33(1) of the Marine Liability Act;

• (c) [Repealed, SOR/2021-151, s. 9]

• (d) appeals under section 56 of the Trademarks Act;

• (e) references from a tribunal under rule 320;

• (f) requests under the Commercial Arbitration Code brought pursuant to subsection 324(1);

• (g) proceedings transferred to the Court under subsection 3(3) or 5(3) of the Divorce Act; and

• (h) applications for registration of a foreign judgment or recognition and enforcement of an arbitral award under rule 327.

General

Marginal note:Contents of application

301 An application shall be commenced by a notice of application in Form 301, setting out

• (a) the name of the court to which the application is addressed;

• (b) the names of the applicant and respondent;

• (c) where the application is an application for judicial review,

  • (i) the tribunal in respect of which the application is made, and

  • (ii) the date and details of any order in respect of which judicial review is sought and the date on which it was first communicated to the applicant;

• (d) a precise statement of the relief sought;

• (e) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and

• (f) a list of the documentary evidence to be used at the hearing of the application.

Marginal note:Limited to single order

302 Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.

Marginal note:Respondents

• 303 (1) Subject to subsection (2), an applicant shall name as a respondent every person

  • (a) directly affected by the order sought in the application, other than a tribunal in respect of which the application is brought; or

  • (b) required to be named as a party under an Act of Parliament pursuant to which the application is brought.

• Marginal note:Application for judicial review

  (2) Where in an application for judicial review there are no persons that can be named under subsection (1), the applicant shall name the Attorney General of Canada as a respondent.

• Marginal note:Substitution for Attorney General

  (3) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent after having been named under subsection (2), the Court may substitute another person or body, including the tribunal in respect of which the application is made, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of application

• 304 (1) Unless the Court directs otherwise, within 10 days after the issuance of a notice of application, the applicant shall serve it on

  • (a) all respondents;

  • (b) in respect of an application for judicial review or an application appealing the order of a tribunal,

    • (i) in respect of an application other than one relating to a decision of a visa officer, the tribunal in respect of which the application is brought,

    • (ii) any other person who participated in the proceeding before the tribunal in respect of which the application is made, and

    • (iii) the Attorney General of Canada;

  • (c) where the application is made under the Access to Information Act, Part 1 of the Personal Information Protection and Electronic Documents Act, the Privacy Act or the Official Languages Act, the Commissioner named for the purposes of that Act; and

  • (d) any other person required to be served under an Act of Parliament pursuant to which the application is brought.

• Marginal note:Motion for directions as to service

  (2) Where there is any uncertainty as to who are the appropriate persons to be served with a notice of application, the applicant may bring an ex parte motion for directions to the Court.

• Marginal note:Proof of service

  (3) Proof of service of a notice of application shall be filed within 10 days after service of the notice of application.

Marginal note:Notice of appearance

305 A respondent who intends to appear in respect of an application shall, within 10 days after being served with a notice of application, serve and file a notice of appearance in Form 305.

Marginal note:Applicant’s affidavits

306 Within 30 days after issuance of a notice of application, an applicant shall serve its supporting affidavits and documentary exhibits and file proof of service. The affidavits and exhibits are deemed to be filed when the proof of service is filed in the Registry.