Federal Courts Rules (SOR/98-106)

Marginal note:Motion for directions

54 A person may at any time bring a motion for directions concerning the procedure to be followed under these Rules.

Varying Rules and Dispensing with Compliance

Marginal note:Varying rule and dispensing with compliance

55 In special circumstances, in a proceeding, the Court may vary a rule or dispense with compliance with a rule.

Failure to Comply with Rules

Marginal note:Effect of non-compliance

56 Non-compliance with any of these Rules does not render a proceeding, a step in a proceeding or an order void, but instead constitutes an irregularity, which may be addressed under rules 58 to 60.

Marginal note:Wrong originating document

57 An originating document shall not be set aside only on the ground that a different originating document should have been used.

Marginal note:Motion to attack irregularity

• 58 (1) A party may by motion challenge any step taken by another party for non-compliance with these Rules.

• Marginal note:When motion to be brought

  (2) A motion under subsection (1) shall be brought as soon as practicable after the moving party obtains knowledge of the irregularity.

Marginal note:Orders on motion

59 Subject to rule 57, where, on a motion brought under rule 58, the Court finds that a party has not complied with these Rules, the Court may, by order,

• (a) dismiss the motion, where the motion was not brought within a sufficient time after the moving party became aware of the irregularity to avoid prejudice to the respondent in the motion;

• (b) grant any amendments required to address the irregularity; or

• (c) set aside the proceeding, in whole or in part.

Marginal note:Non-compliance with Rules or gap in case

60 At any time before judgment is given in a proceeding, the Court may draw the attention of a party to any gap in the proof of its case or to any non-compliance with these Rules and permit the party to remedy it on such conditions as the Court considers just.

Commencement of Proceedings

Manner of Bringing Proceeding

Marginal note:Actions

• 61 (1) Subject to subsection (4), a proceeding referred to in rule 169 shall be brought as an action.

• Marginal note:Applications

  (2) Subject to subsection (4), a proceeding referred to in rule 300 shall be brought as an application.

• Marginal note:Appeals

  (3) A proceeding referred to in rule 335 shall be brought as an appeal.

• Marginal note:Exception

  (4) Where by or under an Act of Parliament a person is given the option of bringing a proceeding referred to in rule 169 or 300 as either an action or an application, the person may commence the proceeding as an action or as an application.

Originating documents

Marginal note:Commencement of proceedings

• 62 (1) Subject to subsection (2), all actions, applications or appeals shall be commenced by the issuance of an originating document.

• Marginal note:Exception

  (2) A counterclaim or third party claim in an action brought only against persons who are already parties to the action shall be commenced by the service and filing of the counterclaim or third party claim.

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.

Marginal note:Declaratory relief available

64 No proceeding is subject to challenge on the ground that only a declaratory order is sought, and the Court may make a binding declaration of right in a proceeding whether or not any consequential relief is or can be claimed.

Court Documents

Form

Marginal note:Format of printed documents

65 A printed document that is prepared for use in a proceeding shall be legible, the print — including all references in the document — shall be in 12-point Times New Roman, Arial or Tahoma font and each page of the document shall

• (a) be on good quality white or off-white paper, measuring 21.5 cm by 28 cm (8½ in. by 11 in.);

• (b) have top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm;

• (c) be printed on one side of the paper only, unless the document is a book of authorities; and

• (d) have no more than 30 lines, exclusive of headings.

Marginal note:Heading

• 66 (1) The first page of a document prepared for use in a proceeding shall have a heading in Form 66 that sets out

  • (a) the name of the court and the Court file number; and

  • (b) the style of cause in accordance with rule 67.

• Marginal note:Content of document

  (2) A document prepared for use in a proceeding shall contain

  • (a) the title of the document;

  • (b) its date;

  • (c) the name, address, telephone number and, if any, fax number of the solicitor or party who is filing the document;

  • (c.1) the party’s address for service; and

  • (d) if there is consent to the electronic service of documents, the electronic address set out in Form 141A.

• Marginal note:Signature

  (3) A document prepared for use in a proceeding shall be signed by the solicitor or party filing it.

Marginal note:Style of cause in originating document

• 67 (1) An originating document shall contain a style of cause that sets out the names of all parties and the capacity of any party that is not acting in its personal capacity.

• Marginal note:Style of cause in action

  (2) The style of cause in an action shall name each party commencing the action as a plaintiff and each adverse party as a defendant.

• Marginal note:Style of cause in application

  (3) The style of cause in an application shall name each party commencing the application as an applicant and each adverse party as a respondent and state any legislative provision or rule under which the application is made.

• Marginal note:Style of cause in appeal

  (4) The style of cause in an appeal shall name each party bringing the appeal as an appellant and each adverse party as a respondent.

• Marginal note:Short style of cause

  (5) In a document other than an originating document or order, where there are more than two parties to the proceeding, a short style of cause may be used, showing the names of the first party on each side followed by the expression “and others”.

• Marginal note:Motions prior to commencement of proceeding

  (6) Subsections (1) to (4) apply, with such modifications as are required, to a motion brought prior to the commencement of an action, application or appeal.

Marginal note:Language of documents

• 68 (1) Subject to subsection (2), all documents required under these Rules to be filed in a proceeding shall be in English or French or be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation.

• Marginal note:Language of pleadings, etc.

  (2) All pleadings, memoranda of fact and law and written representations on motions shall be in English or French.

Marginal note:Notice of constitutional question

69 A notice of a constitutional question referred to in section 57 of the Act shall be in Form 69.

Marginal note:Memorandum of fact and law

• 70 (1) A memorandum of fact and law shall contain, in consecutively numbered paragraphs,

  • (a) a concise statement of fact, as Part I of the memorandum;

  • (b) a statement of the points in issue, as Part II of the memorandum;

  • (c) a concise statement of submissions, as Part III of the memorandum;

  • (d) a concise statement of the order sought, including any order concerning costs, as Part IV of the memorandum;

  • (e) a list of the authorities to be referred to, as Part V of the memorandum;

  • (f) in a proceeding other than an appeal, the provisions of any statutes or regulations cited or relied on that have not been reproduced in another party’s memorandum, as Appendix A to the memorandum; and

  • (g) in a proceeding other than an appeal, a book of the authorities to be referred to that have not been included in another party’s book of authorities, as Appendix B to the memorandum.

• Marginal note:Enactments in both official languages

  (2) Extracts of federal statutes and regulations in Appendix A to a memorandum of fact and law shall be reproduced in both official languages.

• Marginal note:Book of authorities

  (2.1) In respect of reasons for judgment, the book of authorities shall contain

  • (a) in the case where the book is filed in paper copy and the reasons are available from an electronic database that is accessible to the public at no charge, the relevant extracts of the reasons — including the head note, if any, and the paragraphs immediately preceding and following the extracts — with a reference to the database clearly marked on the page containing the extract; and

  • (b) in any other case, the reasons for judgment in full with the relevant extracts clearly marked.

• Marginal note:Appendices

  (3) If a memorandum of fact and law is filed in paper copy, the appendices may be bound separately from the memorandum.

• Marginal note:Length

  (4) Unless otherwise ordered by the Court, a memorandum of fact and law, exclusive of Part V and appendices, shall not exceed 30 pages in length.

• Marginal note:Exception — combined memorandum

  (5) Despite subsection (4), if a respondent serves and files a single memorandum of fact and law as appellant by cross-appeal as part of the respondent’s memorandum of fact and law, it shall not exceed 60 pages in length exclusive of Part V and appendices.

Filing of Documents

Marginal note:Sending documents for filing

• 71 (1) A document may be sent to the Registry for the purpose of filing by delivery, mail, fax or electronic transmission.

• Marginal note:Sending by fax — prior consent required

  (2) The Administrator’s consent is required before any of the following documents may be sent by fax:

  • (a) a motion record, application record, trial record, appeal book or book of authorities; and

  • (b) any other document that is longer than 20 pages.

• Marginal note:Fax cover page

  (3) A document that is sent by fax shall include a cover page that sets out the following information:

  • (a) the name, address and telephone number of the sender;

  • (b) the date and time of the transmission;

  • (c) the total number of pages being transmitted, including the cover page;

  • (d) a fax number at which the sender may receive documents; and

  • (e) the name and telephone number of the person that is to be contacted in the event of a transmission problem.

• Marginal note:Sending by electronic transmission — document format

  (4) A document that is sent by electronic transmission shall be in PDF (Portable Document Format) or any other format that is approved by the Court.

• Marginal note:Originating documents sent by electronic transmission

  (5) A person who sends an originating document by electronic transmission shall provide the Registry with paper copies for issuance or arrange for the Registry to prepare those copies.