Federal Courts Rules (SOR/98-106)

Marginal note:Orders on terms

• 53. (1) In making an order under these Rules, the Court may impose such conditions and give such directions as it considers just.

• Marginal note:Other orders

  (2) Where these Rules provide that the Court may make an order of a specified nature, the Court may make any other order that it considers just.

Marginal note:Motion for directions

54. A person may at any time bring a motion for directions concerning the procedure to be followed under these Rules.

Marginal note:Varying rule and dispensing with compliance

55. In special circumstances, in a proceeding, the Court may vary a rule or dispense with compliance with a rule.

Marginal note:Effect of non-compliance

56. Non-compliance with any of these Rules does not render a proceeding, a step in a proceeding or an order void, but instead constitutes an irregularity, which may be addressed under rules 58 to 60.

Marginal note:Wrong originating document

57. An originating document shall not be set aside only on the ground that a different originating document should have been used.

Marginal note:Motion to attack irregularity

• 58. (1) A party may by motion challenge any step taken by another party for non-compliance with these Rules.

• Marginal note:When motion to be brought

  (2) A motion under subsection (1) shall be brought as soon as practicable after the moving party obtains knowledge of the irregularity.

Marginal note:Orders on motion

59. Subject to rule 57, where, on a motion brought under rule 58, the Court finds that a party has not complied with these Rules, the Court may, by order,

• (a) dismiss the motion, where the motion was not brought within a sufficient time after the moving party became aware of the irregularity to avoid prejudice to the respondent in the motion;

• (b) grant any amendments required to address the irregularity; or

• (c) set aside the proceeding, in whole or in part.

Marginal note:Non-compliance with Rules or gap in case

60. At any time before judgment is given in a proceeding, the Court may draw the attention of a party to any gap in the proof of its case or to any non-compliance with these Rules and permit the party to remedy it on such conditions as the Court considers just.

Marginal note:Actions

• 61. (1) Subject to subsection (4), a proceeding referred to in rule 169 shall be brought as an action.

• Marginal note:Applications

  (2) Subject to subsection (4), a proceeding referred to in rule 300 shall be brought as an application.

• Marginal note:Appeals

  (3) A proceeding referred to in rule 335 shall be brought as an appeal.

• Marginal note:Exception

  (4) Where by or under an Act of Parliament a person is given the option of bringing a proceeding referred to in rule 169 or 300 as either an action or an application, the person may commence the proceeding as an action or as an application.