Orders and Directions
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.
Varying Rules and Dispensing with Compliance
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.
- SOR/2004-283, s. 11.
Failure to Comply with Rules
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.
Commencement of Proceedings
Manner of Bringing Proceeding
61. (1) Subject to subsection (4), a proceeding referred to in rule 169 shall be brought as an action.
(2) Subject to subsection (4), a proceeding referred to in rule 300 shall be brought as an application.
(3) A proceeding referred to in rule 335 shall be brought as an appeal.
(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.
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