Federal Courts Rules

Marginal note:Motion record for summary trial

• 216 (1) The motion record for a summary trial shall contain all of the evidence on which a party seeks to rely, including

  • (a) affidavits;

  • (b) admissions under rule 256;

  • (c) affidavits or statements of an expert witness prepared in accordance with subsection 258(5); and

  • (d) any part of the evidence that would be admissible under rules 288 and 289.

• Marginal note:Further affidavits or statements

  (2) No further affidavits or statements may be served, except

  • (a) in the case of the moving party, if their content is limited to evidence that would be admissible at trial as rebuttal evidence and they are served and filed at least 5 days before the day set out in the notice of motion for the hearing of the summary trial; or

  • (b) with leave of the Court.

• Marginal note:Conduct of summary trial

  (3) The Court may make any order required for the conduct of the summary trial, including an order requiring a deponent or an expert who has given a statement to attend for cross-examination before the Court.

• Marginal note:Adverse inference

  (4) The Court may draw an adverse inference if a party fails to cross-examine on an affidavit or to file responding or rebuttal evidence.

• Marginal note:Dismissal of motion

  (5) The Court shall dismiss the motion if

  • (a) the issues raised are not suitable for summary trial; or

  • (b) a summary trial would not assist in the efficient resolution of the action.

• Marginal note:Judgment generally or on issue

  (6) If the Court is satisfied that there is sufficient evidence for adjudication, regardless of the amounts involved, the complexities of the issues and the existence of conflicting evidence, the Court may grant judgment either generally or on an issue, unless the Court is of the opinion that it would be unjust to decide the issues on the motion.

• Marginal note:Order disposing of action

  (7) On granting judgment, the Court may make any order necessary for the disposition of the action, including an order

  • (a) directing a trial to determine the amount to which the moving party is entitled or a reference under rule 153 to determine that amount;

  • (b) imposing terms respecting the enforcement of the judgment; and

  • (c) awarding costs.

• Marginal note:Trial or specially managed proceeding

  (8) If the motion for summary trial is dismissed in whole or in part, the Court may order the action, or the issues in the action not disposed of by summary trial, to proceed to trial or order that the action be conducted as a specially managed proceeding.