(2) Where a person to be examined on an oral examination resides outside Canada, the time, place, manner and expenses of the oral examination shall be as agreed on by the person and the parties or, on motion, as ordered by the Court. 382 (1) If a notice of status review is issued in respect of an action or an application, the plaintiff or applicant, within 15 days of the date of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. (2) Subject to subsection (4), exhibits put into evidence shall remain part of … 134 Personal service of a document on a party may be effected by the acceptance of service by the party’s solicitor. Marginal note:Multiple writs of seizure and sale. (In an oath, conclude: So help you God.). (3) Before execution of a writ the validity of which has been extended by an order under subsection (2), (a) the writ shall be endorsed with a notice setting out the date on which the order was made; or. 468 In a case of urgency, a person may be found in contempt of Court for an act committed in the presence of a judge and condemned at once, if the person has been called on to justify his or her behaviour. (2) Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith. (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:Pre-trial conference memoranda. (arbitre), sheriff includes a marshal, peace officer or other person to whom a writ, warrant or other process is directed and, in the Province of Quebec, a member of the Ordre professionnel des huissiers de justice du Québec. TO: (Name and address of former solicitor), AND TO: (Names and addresses of other solicitors or parties). (2) Where a process is issued to a sheriff, it may, at the sheriff’s direction, be executed by a person authorized under provincial law to execute the process of a superior court of the province in which the process is to be executed. (3) The Court may order that an expert conference take place in the presence of a judge or prothonotary. IF YOU WISH TO OPPOSE THIS APPEAL, to receive notice of any step in the appeal or to be served with any documents in the appeal, you or a solicitor acting for you must prepare a notice of appearance in Form 341A prescribed by the Federal Courts Rules and serve it on the appellant’s solicitor or, if the appellant is self-represented, on the appellant, WITHIN 10 DAYS after being served with this notice of appeal. (b) by filing a bond for the required amount that has been approved by an order of the Court. (d) award costs against a successful party. (iii) in any other case, an applicant or respondent; (c) in respect of an appeal, an appellant or respondent; and, (d) in respect of a motion, the person bringing the motion or a respondent thereto. (Version anglaise seulement), unincorporated association means an organization of two or more persons, other than a partnership, that operates under a common name for a common purpose or undertaking. You are required to answer the questions in the schedule by affidavit in Form 99B prescribed by the Federal Courts Rules. Marginal note:Representations when applicant or appellant in default. 362 (1) Subject to subsection (2), on a motion other than a motion under rule 369, a notice of motion and any affidavit required under rule 363 shall be served and filed at least three days before the day set out in the notice for the hearing of the motion. 1 Before acting on this commission, you must take the oath (or affirmation) set out below. (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. 73 No document required to be served, other than an originating document, shall be filed without proof that it has been served within the time and in the manner provided for by these Rules. 317 (1) A party may request material relevant to an application that is in the possession of a tribunal whose order is the subject of the application and not in the possession of the party by serving on the tribunal and filing a written request, identifying the material requested. 76 With leave of the Court, an amendment may be made, (a) to correct the name of a party, if the Court is satisfied that the mistake sought to be corrected was not such as to cause a reasonable doubt as to the identity of the party, or. 310 (1) A respondent to an application shall, within 20 days after service of the applicant’s record, serve and file the respondent’s record. 23 (1) For each proceeding of the Court, the Administrator shall keep a file that is composed of the following documents, each marked with its date and time of filing, and that is organized by order of filing: (a) every document filed under these Rules, an order of the Court or an Act of Parliament, other than affidavits or other material filed in support of a motion or as evidence at trial; (b) all correspondence between a party and the Registry; (d) copies of all writs issued in the proceeding; and. 398 (1) On the motion of a person against whom an order has been made, (a) where the order has not been appealed, the court that made the order may order that it be stayed; or. of (name), or as the case may be): Under an order of this Court made on (date), on the motion of (name of party who obtained order), YOU ARE DIRECTED to take possession of and hold the following property in your jurisdiction of (name of person against whom order was made): (Set out a description of the property.). (2) Notice of a motion for leave to issue a writ of sequestration shall be personally served on the person against whose property it is sought to issue the writ. 1 These Rules may be cited as the Federal Courts Rules. R. Civ. (ix) any alteration made to the speed of the ship after the time referred to in subparagraph (vii) or during the period immediately before the collision, and the time at which the alteration was made. THE APPELLANT (or RESPONDENT, as the case may be) REQUESTS that a date be set for the hearing of this appeal. (2) In deciding whether to grant leave to examine class members, the Court shall consider all relevant matters, including. Marginal note:Paper copies — fax or electronic transmission. (d) the expense of having the person attend at trial. (acte introductif d’instance). IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. (c) the likely expense involved in calling the expert witnesses in relation to the amount in dispute in the proceeding. Marginal note:Time of receipt — electronic transmission. IF YOU WISH TO DEFEND THIS THIRD PARTY CLAIM, you or a solicitor acting for you are required to prepare a statement of defence in Form 171J prescribed by the Federal Courts Rules, serve it on the solicitors for the other parties, or, where a party does not have a solicitor, serve it on the party, and file it, with proof of service, at a local office of this Court, WITHIN 30 DAYS after the day on which this third party claim is served on you, if you are served within Canada. Marginal note:Exception for certain medical professionals. Marginal note:Compelling attendance of detainee. (b) where the service is based on a number of hours, the number of units allocated to that service multiplied by the number of hours; (2) On an assessment, an assessment officer shall not allocate to a service a number of units that includes a fraction. 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. 197 (1) A third party shall defend the plaintiff’s claim against the defendant by filing a statement of defence within the time set out in rule 204. 376 A receiver appointed under rule 375 shall, by motion to the Court, seek approval of the receiver’s accounts on an annual basis. 13 (1) The seal of each court — the Federal Court of Appeal and the Federal Court — shall be approved by its Chief Justice and shall be kept in the principal office. Marginal note:Disposition of arrested property, 490 (1) On motion, the Court may order, in respect of property under arrest, that. 1 The requirements of subsection 309(1) of the Federal Courts Rules have been complied with. (b) after having reserved judgment at the conclusion of a hearing, by depositing in the Registry written reasons, signed by the judge or prothonotary who delivered them. 290 The Court may permit a party to use all or part of an examination for discovery of a person, other than a person examined under rule 238, as evidence at trial if, (a) the person is unable to testify at the trial because of his or her illness, infirmity or death or because the person cannot be compelled to attend; and. (2) An order granting leave under subsection (1) expires one year after it is made. Marginal note:Pre-trial judge not to preside at trial. Regulations are current to 2021-08-10 and last amended on 2021-06-17. 1990, c. 8, s. 14(4), Return to footnote bS.C. (a) file affidavits additional to those provided for in rules 306 and 307; (b) conduct cross-examinations on affidavits additional to those provided for in rule 308; or, Marginal note:Requirement to file additional material. 40 (1) On or before July 1 in each year, the Chief Justice of the Federal Court shall, in consultation with the other judges of that court, establish a rota of judges for Vancouver for the twelve months commencing on September 1 of that year, excluding the Christmas recess. Pursuant to (here insert reference to Court order, statutory provision or rule authorizing or requiring payment into court), the undersigned hereby tenders the attached certified cheque (or other bill of exchange) in the sum of (amount) Canadian currency, payable to the Receiver General for Canada as a payment into court for (here insert purpose or object of payment into court). 6 I have listed and described in Schedule 3 all of the relevant documents, or bundles of relevant documents, that were but are no longer in my/ (name of party’s) possession, power or control and for which no privilege is claimed and have described in that Schedule how possession, power or control of any document or bundle of documents was lost and their current location, so far as I can determine. Marginal note:Affidavit by blind or illiterate person. ), The defendant (name if more than one defendant) claims: (State here the precise relief claimed. YOU ARE ORDERED TO ARREST and bring the witness (name) before this Court to give evidence in this proceeding, and if the Court is not then sitting or if the witness cannot be brought before the Court, to deliver him or her to a correctional institution or other secure facility to be admitted and detained there until the witness can be brought before the Court. (2) Subject to subsection (3), where a party demonstrates due diligence and the Court is satisfied that an absent witness is necessary and that the absence of the witness is not due to any contrivance on the party’s part, the Court may adjourn the hearing. (demandeur), application means a proceeding referred to in rule 300. Marginal note:Evidence taken out of court. TAKE NOTICE THAT (name of party) will make a motion to the Court on (day), (date), at (time) or as soon thereafter as the motion can be heard, at (place). 445 Any interest of a judgment debtor in property may be sold under a writ of seizure and sale. (b) a notice of settlement in Form 389 shall be filed within 10 days after the settlement is reached. An expert is to be independent and objective. 54 A person may at any time bring a motion for directions concerning the procedure to be followed under these Rules. (3) The contents of a preliminary act shall be set out in parallel columns and, wherever possible, stated in numerical values. (2) If access cannot be obtained to property in respect of which a statement of claim is to be served under subsection (1), the statement of claim may be served personally on a person who appears to be in charge of the property. Marginal note:Content of notice of appeal — certain judgments of Tax Court of Canada, 337.1 An appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act shall be commenced by a notice of appeal, in Form 337.1, setting out. 382.1 (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court shall be conducted on the basis of the written representations of the parties. (2) An affidavit of documents shall be in Form 223 and shall contain, (a) separate lists and descriptions of all relevant documents that. Marginal note:Approval of receiver’s accounts. (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. 111 A proceeding may be brought by or against an unincorporated association in the name of the association. 493 (1) A person who desires to prevent the arrest of property shall serve and file a caveat warrant in Form 493A undertaking to give, within three days after being required to do so, bail in respect of any action that has been, or may be, brought against the property. (2) Where an affidavit is made by a deponent who is blind or illiterate, the person before whom the affidavit is sworn shall certify that the affidavit was read to the deponent and that the deponent appeared to understand it. 296 An examination for discovery in a simplified action shall be in writing only, and shall not exceed 50 questions. (d) in the case of a fact that is or was a matter of common knowledge either generally or in a particular district, by the production of a specified publication containing a statement of that fact. 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. Found insideClass Actions in Canada is a timely exploration of the evolution of collective litigation in Canada. 354 Unless the Court orders otherwise, a respondent to a motion for leave to appeal shall serve a memorandum of fact and law and any supporting affidavits and file an electronic copy of or, subject to rule 72.4, three paper copies of each of them no later than 20 days after the day on which the motion record is served. 410 (1) Unless the Court orders otherwise, the costs occasioned by an amendment to a pleading made without leave shall be borne by the party making the amendment. Found insideNew York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for ... Marginal note:Accounts of solicitor for Crown. Marginal note:Contents of respondent’s record. (h) an Act of Parliament entitles the defendant to security for costs. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. 235 Except with leave of the Court, a party may examine for discovery any adverse party only once. Marginal note:Further medical examination. Marginal note:Motion for order of confidentiality. TO: (Name and address of other solicitor or party served with requisition). (iv) the lights the ship was showing when it was first seen by a person on the ship of the party filing the preliminary act. 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. (3) A party may pay a witness, in lieu of the amount to which the witness is entitled under subsection (1) or (2), a greater amount equal to the expense or any loss incurred by the witness in attending a proceeding. 427 (1) An order for possession of real property or immoveables may be enforced by, (a) a writ of possession, in Form 427; and. (a) the deponent of the affidavit be cross-examined; (b) an accurate or complete affidavit be served and filed; (c) all or part of the pleadings of the party on behalf of whom the affidavit was made be struck out; or. Federal court is a term used to describe the system of courts in the United States that have jurisdiction at the Federal, or national level. The Federal system of courts oversees matters concerning the United States Constitution and Federal laws, rules and regulations. (2) Where a tribunal or party objects to a request under rule 317, the tribunal or the party shall inform all parties and the Administrator, in writing, of the reasons for the objection. (d) have no more than 30 lines, exclusive of headings. It is intended to address a situation that arises most commonly in applications for judicial review relating to the Canada Pension Plan, the Employment Insurance Act, and decisions of the Canadian International Trade Tribunal.However, the practice direction is not limited to cases of that nature. (4) A judge may order that any evidence submitted at the hearing of a motion for an interlocutory injunction shall be considered as evidence submitted at the hearing of the proceeding. (2) Transcripts may be reproduced in a separate document. (3) A person who desires to prevent the payment of money out of court shall serve and file a caveat payment in Form 493C. ), (In consecutively numbered paragraphs, set out each allegation of material fact relied on to substantiate the claim.). 324 (1) Subject to subsection (2), a request under the Commercial Arbitration Code, set out in Schedule 1 to the Commercial Arbitration Act, shall be brought by a notice of application. Marginal note:Liability of party requesting caveat. 4 The hearing should last no longer than (number) hours (or days). (2) A party who makes a requisition under subsection (1) shall provide the referee with a statement of the issues and copies of the pleadings and order of reference. 107 (1) The Court may, at any time, order the trial of an issue or that issues in a proceeding be determined separately. (d) it would be unduly onerous to require the person to make the inquiries referred to in rule 241. (f) any other means that the Court may direct. (bureau local), motion means a request to the Court under, or to enforce, these Rules. A SUMMARY APPLICATION HAS BEEN COMMENCED by the applicant under section 231.7 of the Income Tax Act or section 289.1 of the Excise Tax Act. 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. THE DEFENDANT (OR RESPONDENT) MAY SERVE AND FILE representations within seven days after being served with the representations of the plaintiff. Marginal note:Non-performance of condition precedent. (Version anglaise seulement), third party includes a fourth or subsequent party. Marginal note:Varying rule and dispensing with compliance. (c) a person who participated in the proceeding before the tribunal in respect of which the reference is made. (déposé), garnishee means a person in respect of whom an order attaching a debt to a judgment debtor has been made under rule 449. The relief claimed by the applicant appears below. 334.39 (1) Subject to subsection (2), no costs may be awarded against any party to a motion for certification of a proceeding as a class proceeding, to a class proceeding or to an appeal arising from a class proceeding, unless. 370 (1) A party who brings a motion may abandon it by serving and filing a notice of abandonment in Form 370. 402 Unless otherwise ordered by the Court or agreed by the parties, a party against whom an action, application or appeal has been discontinued or against whom a motion has been abandoned is entitled to costs forthwith, which may be assessed and the payment of which may be enforced as if judgment for the amount of the costs had been given in favour of that party. 210 (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim. 2 (1) On an assessment, the assessment officer shall determine assessable costs by applying the formula, (a) the number of units allocated to each assessable service, or. Marginal note:Personal service of originating documents. (2) A party shall have a right of reply to the arguments of adverse parties and, if the party raises a new point of law, an adverse party may answer on that point. The claim made by the applicant appears on the following pages. I, (name) swear (or affirm) that I will, according to the best of my skill and knowledge, truly and faithfully and without partiality to any of the parties to this proceeding, take the evidence of every witness examined under this commission, and cause the evidence to be transcribed and forwarded to the Court. 267 No communication shall be made to a judge or prothonotary presiding at a trial or hearing, or on a motion or reference in an action, with respect to any statement made at a pre-trial conference, except as may be permitted in an order made at the conclusion of the pre-trial conference or as consented to by the parties. The following are all of the relevant documents, or bundles of relevant documents, that I believe are in the possession, power or control of a person who is not a party to the action: (Include the identity of each person, including the person’s name and address, if known. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. Marginal note:Order prohibiting dealing with funds, 465 (1) The Court, on the motion of a person. 137 (1) Subject to subsection (2), a document to be personally served outside Canada may be served in the manner set out in rules 127 to 136 or in the manner prescribed by the law of the jurisdiction in which service is to be effected. Marginal note:Ancillary or incidental injunction. 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