Federal Courts Rules (SOR/98-106)

Marginal note:Consolidation of proceedings

105 The Court may order, in respect of two or more proceedings,

• (a) that they be consolidated, heard together or heard one immediately after the other;

• (b) that one proceeding be stayed until another proceeding is determined; or

• (c) that one of the proceedings be asserted as a counterclaim or cross-appeal in another proceeding.

Marginal note:Separate determination of claims and issues

106 Where the hearing of two or more claims or parties in a single proceeding would cause undue complication or delay or would prejudice a party, the Court may order that

• (a) claims against one or more parties be pursued separately;

• (b) one or more claims be pursued separately;

• (c) a party be compensated for, or relieved from, attending any part of the proceeding in which the party does not have an interest; or

• (d) the proceeding against a party be stayed on condition that the party is bound by any findings against another party.

Marginal note:Separate determination of issues

• 107 (1) The Court may, at any time, order the trial of an issue or that issues in a proceeding be determined separately.

• Marginal note:Court may stipulate procedure

  (2) In an order under subsection (1), the Court may give directions regarding the procedures to be followed, including those applicable to examinations for discovery and the discovery of documents.

Interpleader

Marginal note:Interpleader

• 108 (1) Where two or more persons make conflicting claims against another person in respect of property in the possession of that person and that person

  • (a) claims no interest in the property, and

  • (b) is willing to deposit the property with the Court or dispose of it as the Court directs,

  that person may bring an ex parte motion for directions as to how the claims are to be decided.

• Marginal note:Directions

  (2) On a motion under subsection (1), the Court shall give directions regarding

  • (a) notice to be given to possible claimants and advertising for claimants;

  • (b) the time within which claimants shall be required to file their claims; and

  • (c) the procedure to be followed in determining the rights of the claimants.

Intervention

Marginal note:Leave to intervene

• 109 (1) The Court may, on motion, grant leave to any person to intervene in a proceeding.

• Marginal note:Contents of notice of motion

  (2) Notice of a motion under subsection (1) shall

  • (a) set out the full name and address of the proposed intervener and of any solicitor acting for the proposed intervener; and

  • (b) describe how the proposed intervener wishes to participate in the proceeding and how that participation will assist the determination of a factual or legal issue related to the proceeding.

• Marginal note:Directions

  (3) In granting a motion under subsection (1), the Court shall give directions regarding

  • (a) the service of documents; and

  • (b) the role of the intervener, including costs, rights of appeal and any other matters relating to the procedure to be followed by the intervener.

Questions of General Importance

Marginal note:Notice to Attorney General

110 Where a question of general importance is raised in a proceeding, other than a question referred to in section 57 of the Act,

• (a) any party may serve notice of the question on the Attorney General of Canada and any attorney general of a province who may be interested;

• (b) the Court may direct the Administrator to bring the proceeding to the attention of the Attorney General of Canada and any attorney general of a province who may be interested; and

• (c) the Attorney General of Canada and the attorney general of a province may apply for leave to intervene.

Parties

Marginal note:Unincorporated associations

111 A proceeding may be brought by or against an unincorporated association in the name of the association.

Marginal note:Partnerships

111.1 A proceeding by or against two or more persons as partners may be brought in the name of the partnership.

Marginal note:Sole proprietorships

111.2 A proceeding by or against a person carrying on business as a sole proprietor may be brought in the name of the sole proprietorship.

Marginal note:Estates and trusts

• 112 (1) A proceeding may be brought by or against the trustees, executors or administrators of an estate or trust without joining the beneficiaries of the estate or trust.

• Marginal note:Order binding on beneficiaries

  (2) Unless the Court orders otherwise, beneficiaries of an estate or trust are bound by an order against the estate or trust.

Marginal note:Where deceased has no representative

• 113 (1) Where a party to a proceeding is deceased and the estate of the deceased is not represented, the Court may appoint a person to represent the estate of the deceased or order that the proceeding continue without representation of the estate.

• Marginal note:Notice

  (2) Before making an order under subsection (1), the Court may require that notice be given to all persons who have an interest in the estate of the deceased.

Marginal note:Representative proceedings

• 114 (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that

  • (a) the issues asserted by or against the representative and the represented persons

    • (i) are common issues of law and fact and there are no issues affecting only some of those persons, or

    • (ii) relate to a collective interest shared by those persons;

  • (b) the representative is authorized to act on behalf of the represented persons;

  • (c) the representative can fairly and adequately represent the interests of the represented persons; and

  • (d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding.

• Marginal note:Powers of the Court

  (2) At any time, the Court may

  • (a) determine whether the conditions set out in subsection (1) are being satisfied;

  • (b) require that notice be given, in a form and manner directed by it, to the represented persons;

  • (c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and

  • (d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately.

• Marginal note:Orders in representative proceeding

  (3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court.

• Marginal note:Approval of discontinuance or settlement

  (4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court.

• Marginal note:Style of cause

  (5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”.

Marginal note:Appointment of representatives

• 115 (1) The Court may appoint one or more persons to represent

  • (a) unborn or unascertained persons who may have a present, future, contingent or other interest in a proceeding; or

  • (b) a person under a legal disability against or by whom a proceeding is brought.

• Marginal note:Who may be appointed

  (2) The Court may appoint as a representative under subsection (1)

  • (a) a person who has already been appointed as such a representative under the laws of a province; or

  • (b) a person eligible to act as a representative in the jurisdiction in which the person to be represented is domiciled.

• Marginal note:Order binding on represented person

  (3) Unless the Court orders otherwise, a person for whom a representative is appointed under subsection (1) is bound by any order made in the proceeding.

Transmission of Interest

Marginal note:Proceeding not to terminate

116 A proceeding is not terminated only by reason that a party to a proceeding dies or becomes bankrupt or, in the case of a corporation, ceases to exist.

Marginal note:Assignment, transmission or devolution of interest or liability

• 117 (1) Subject to subsection (2), where an interest of a party in, or the liability of a party under, a proceeding is assigned or transmitted to, or devolves upon, another person, the other person may, after serving and filing a notice and affidavit setting out the basis for the assignment, transmission or devolution, carry on the proceeding.

• Marginal note:Objection to person continuing

  (2) If a party to a proceeding objects to its continuance by a person referred to in subsection (1), the person seeking to continue the proceeding shall bring a motion for an order to be substituted for the original party.

• Marginal note:Court may give directions

  (3) In an order given under subsection (2), the Court may give directions as to the further conduct of the proceeding.

Marginal note:Failure to continue

118 Where an interest of a party in, or the liability of a party under, a proceeding has been assigned or transmitted to, or devolves upon, a person and that person has not, within 30 days, served a notice and affidavit referred to in subsection 117(1) or obtained an order under subsection 117(2), any other party to the proceeding may bring a motion for default judgment or to have the proceeding dismissed.

Representation of Parties

General

Marginal note:Individuals

• 119 (1) Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding.

• Marginal note:Limited-scope representation

  (2) Except in respect of a party referred to in rule 121, representation by a solicitor may be limited in scope to only those aspects of the proceeding that are within a solicitor’s mandate that is agreed to by the individual and the solicitor.

Marginal note:Corporations or unincorporated associations

120 A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.

Marginal note:Parties under legal disability or acting in representative capacity

121 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.