Federal Courts Rules (SOR/98-106)

References

Marginal note:Order for reference

• 153 (1) The Court may, for the purpose of making an inquiry and report, refer any question of fact in a proceeding to a judge or other person designated by the Chief Justice of the court before which the proceeding is pending.

• Marginal note:Directions on reference

  (2) Notwithstanding rules 155 to 160, the Court may at any time give directions regarding the conduct of a reference.

Marginal note:Stay of related proceedings

154 Where a reference is made under rule 153, on motion, the Court may stay any proceeding related to the reference, including a proceeding that has previously been stayed, for a period of not more than six months.

Marginal note:Requisition to fix time and place of reference

• 155 (1) On a reference made under rule 153, the referee shall, on the requisition of a party, fix a time and place for the hearing of the reference.

• Marginal note:Documents to be provided to referee

  (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.

Marginal note:Conduct of reference

156 Unless the Court orders otherwise, a referee shall adopt the simplest, least expensive and most expeditious manner of conducting the reference.

Marginal note:Order for examination or production

157 A referee may order that parties be examined for discovery and order the production for inspection and copying by a party of any document or other material relevant to a matter in issue, at the time and place and in the manner set out in the order.

Marginal note:Attendance of witnesses

• 158 (1) The attendance of witnesses to give evidence at a reference shall be enforced by subpoena.

• Marginal note:Recording of evidence on reference

  (2) The testimony of a witness at a reference shall be recorded.

Marginal note:Powers of referee

• 159 (1) Subject to subsection (2), a referee shall have the same power and authority in matters of practice and procedure as would a judge of the Court presiding at the trial of an action.

• Marginal note:Limitation

  (2) A referee shall not commit a person to prison or enforce an order for attachment.

Marginal note:Referral of question to Court

• 160 (1) A referee may, before the conclusion of a reference or by a report on the reference, submit any question for determination by the Court.

• Marginal note:Response to referral

  (2) On receipt of a submission under subsection (1), the Court may

  • (a) require any explanations or reasons from the referee; or

  • (b) remit the matter, or any part thereof, for further inquiry to the same or another referee.

Marginal note:Referee’s report

• 161 (1) The report of a referee shall include the findings of the referee in the same form as an order of the Court.

• Marginal note:Filing of report

  (2) The report of a referee, the record of any evidence taken at the hearing of the reference and any exhibits or other documents provided to the referee shall be filed as soon as possible after the report is signed.

• Marginal note:Notice of report

  (3) On the filing of a referee’s report, the Administrator shall send without delay a copy of it to all parties

  • (a) by registered mail;

  • (b) by electronic means, including facsimile and electronic mail; or

  • (c) by any other means, as directed by the Chief Justice, likely to bring the report to the attention of the party.

• Marginal note:Proof of receipt

  (4) If a report is transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.

Marginal note:Report of referee who is a judge

162 The report of a referee who is a judge is final and becomes a judgment of the Court when it is filed.

Marginal note:Appeal of referee’s findings

• 163 (1) A party may appeal the findings of a report of a referee who is not a judge on motion to the court that ordered the reference.

• Marginal note:Service of appeal

  (2) Notice of a motion under subsection (1) shall be served and filed within 30 days after filing of the report of a referee and at least 10 days before the day fixed for hearing of the motion.

• Marginal note:Powers of Court on appeal

  (3) On an appeal under subsection (1), the Court may confirm, vary or reverse the findings of the report and deliver judgment or refer it back to the referee, or to another referee, for further inquiry and report.

Marginal note:Report final if not appealed

• 164 (1) The report of a referee who is not a judge that is not appealed becomes final 30 days after it is filed.

• Marginal note:Final report deemed judgment of Court

  (2) A report of a referee, once final, becomes a judgment of the Court.

Summary Disposition

Marginal note:Discontinuances

165 A party may discontinue all or part of a proceeding by serving and filing a notice of discontinuance.

Marginal note:Notice of discontinuance

166 A party shall file a declaration of settlement or a notice of discontinuance in Form 166 in a proceeding that has been concluded other than by a judgment or discontinuance on consent.

Marginal note:Dismissal for delay

167 The Court may, at any time, on the motion of a party who is not in default of any requirement of these Rules, dismiss a proceeding or impose other sanctions on the ground that there has been undue delay by a plaintiff, applicant or appellant in prosecuting the proceeding.

Marginal note:Dismissal where continuation impossible

168 Where following an order of the Court it is not possible to continue a proceeding, the Court may dismiss the proceeding.

PART 4Actions

Application of this Part

Marginal note:Application

169 This Part applies to all proceedings that are not applications or appeals, including

• (a) [Repealed, SOR/2021-151, s. 7]

• (b) applications under subsection 33(1) of the Marine Liability Act; and

• (c) any other proceedings required or permitted by or under an Act of Parliament to be brought as an action.

Marginal note:Rules applicable to counterclaims and third parties

170 Except as provided in rules 189 to 199, the rules in this Part applicable to plaintiffs and defendants apply, with such modifications as are necessary, to parties bringing or defending counterclaims and third party claims.

Pleadings in an Action

General

Marginal note:Pleadings

171 The following pleadings may be filed:

• (a) in respect of an action,

  • (i) a statement of claim, in Form 171A,

  • (ii) a statement of defence, in Form 171B, and

  • (iii) a reply, in Form 171C;

• (b) in respect of a counterclaim,

  • (i) a counterclaim, in Form 171D or 171E,,

  • (ii) a defence to counterclaim, in Form 171F, and

  • (iii) a reply to a defence to counterclaim, in Form 171G; and

• (c) in respect of a third party claim,

  • (i) a third party claim, in Form 171H or 171I,

  • (ii) a third party defence, in Form 171J, and

  • (iii) a reply to a third party defence, in Form 171K.

Marginal note:Pleading after a reply

172 No pleading may be filed after a reply without leave of the Court.

Marginal note:Form of pleadings

• 173 (1) Pleadings shall be divided into consecutively numbered paragraphs.

• Marginal note:Allegations set out separately

  (2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.

Marginal note:Material facts

174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.

Marginal note:Pleading law

175 A party may raise any point of law in a pleading.

Marginal note:Conditions precedent

• 176 (1) The performance or occurrence of a condition precedent to the assertion of a claim or defence need not be pleaded.

• Marginal note:Contesting condition precedent

  (2) The non-performance or non-occurrence of a condition precedent shall be pleaded.

Marginal note:Documents or conversations

177 A pleading shall briefly describe any document or conversation referred to in the pleading, but need not set out the exact words of the document or conversation unless the words are themselves material.

Marginal note:Alternative claims or defences

178 A party may plead claims or defences in the alternative.

Marginal note:Subsequent facts

179 A party may plead a fact that occurs after the commencement of an action, even though the fact gives rise to a new claim or defence.

Marginal note:Inconsistent pleading

180 A party may plead an allegation of fact, or raise a new ground of claim in a pleading, that is inconsistent with a previous pleading only if the party amends the previous pleading accordingly.

Marginal note:Particulars

• 181 (1) A pleading shall contain particulars of every allegation contained therein, including

  • (a) particulars of any alleged misrepresentation, fraud, breach of trust, wilful default or undue influence; and

  • (b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention.

• Marginal note:Further and better particulars

  (2) On motion, the Court may order a party to serve and file further and better particulars of any allegation in its pleading

Statements of Claim

Marginal note:Claims to be specified

182 Every statement of claim, counterclaim and third party claim shall specify

• (a) the nature of any damages claimed;

• (b) where monetary relief is claimed, whether the amount claimed, exclusive of interest and costs, exceeds $50,000;

• (c) the value of any property sought to be recovered;

• (d) any other specific relief being claimed, other than costs; and

• (e) whether the action is being proceeded with as a simplified action.

Subsequent Pleadings

Marginal note:Admissions

183 In a defence or subsequent pleading, a party shall

• (a) admit every allegation of material fact in the pleadings of every adverse party that is not disputed;

• (b) where it is intended to prove a version of facts that differs from that relied on by an adverse party, plead that version of the facts; and

• (c) plead any matter or fact that

  • (i) might defeat a claim or defence of an adverse party, or

  • (ii) might take an adverse party by surprise if it were not pleaded.

Marginal note:Deemed denial

• 184 (1) All allegations of fact in a pleading that are not admitted are deemed to be denied.

• Marginal note:Proof not required

  (2) Unless denied by an adverse party, it is not necessary that a party prove

  • (a) its right to claim in a representative capacity; or

  • (b) its constitution as a partnership, association or corporation.

Marginal note:Effect of denial

185 Where a party alleges an agreement in a pleading, a bare denial of the agreement pleaded by another party shall be construed only as a denial of the making of the agreement or of the facts from which such an agreement may be implied and not as a denial of the legality or legal sufficiency of the agreement.

Marginal note:Set-off

186 Where a claim to a sum of money, including a sum that is not ascertained, is relied on as a defence to all or part of a claim made by an adverse party, it may be included in a defence as a set-off against the claim, whether or not it is also added as a counterclaim.

Marginal note:Judgment for balance

187 Where judgments in an action and in a counterclaim are given at the same time, the Court may set off the amount of one award against the other, without prejudice as to costs.

Marginal note:Defence of tender

188 Subject to section 31.2 of the Crown Liability and Proceedings Act, a defence of tender before action may not be pleaded unless the defendant has paid into court the amount alleged to have been tendered.