Federal Courts Rules (SOR/98-106)

Regulations are current to 2013-04-29 and last amended on 2013-04-01. Previous Versions

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 4

ACTIONS

Application of this Part

Marginal note:Application

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

  • (a) references under section 18 of the Citizenship Act;

  • (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.

  • SOR/2004-283, s. 37.
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.