Federal Courts Rules (SOR/98-106)

Marginal note:Appeal

• 51. (1) An order of a prothonotary may be appealed by a motion to a judge of the Federal Court.

• Marginal note:Service of appeal

  (2) Notice of the motion shall be served and filed within 10 days after the day on which the order under appeal was made and at least four days before the day fixed for the hearing of the motion.

Marginal note:Role of assessor

• 52. (1) The Court may call on an assessor

  • (a) to assist the Court in understanding technical evidence; or

  • (b) to provide a written opinion in a proceeding.

• Marginal note:Fees and disbursements

  (2) An order made under subsection (1) shall provide for payment of the fees and disbursements of the assessor.

• Marginal note:Communications with assessor

  (3) All communications between the Court and an assessor shall be in open court.

• Marginal note:Form and content of question

  (4) Before requesting a written opinion from an assessor, the Court shall allow the parties to make submissions in respect of the form and content of the question to be asked.

• Marginal note:Answer by assessor

  (5) Before judgment is rendered, the Court shall provide the parties with the questions asked of, and any opinion given by, an assessor and give them an opportunity to make submissions thereon.

• (6) [Repealed, SOR/2010-176, s. 1]

Marginal note:Right to name expert

• 52.1 (1) A party to a proceeding may name an expert witness whether or not an assessor has been called on under rule 52.

• Marginal note:Expert named jointly

  (2) Two or more of the parties may jointly name an expert witness.

Marginal note:Expert’s affidavit or statement

• 52.2 (1) An affidavit or statement of an expert witness shall

  • (a) set out in full the proposed evidence of the expert;

  • (b) set out the expert’s qualifications and the areas in respect of which it is proposed that he or she be qualified as an expert;

  • (c) be accompanied by a certificate in Form 52.2 signed by the expert acknowledging that the expert has read the Code of Conduct for Expert Witnesses set out in the schedule and agrees to be bound by it; and

  • (d) in the case of a statement, be in writing, signed by the expert and accompanied by a solicitor’s certificate.

• Marginal note:Failure to comply

  (2) If an expert fails to comply with the Code of Conduct for Expert Witnesses, the Court may exclude some or all of the expert’s affidavit or statement.