Federal Courts Rules (SOR/98-106)

Regulations are current to 2017-09-14 and last amended on 2015-01-30. Previous Versions

Marginal note:Filing of timetable

 If the Court orders that an action or an application continue as a specially managed proceeding under paragraph 380(1)(b) or (2)(b), and no order under rule 385 has been made in accordance with that paragraph, the plaintiff or applicant, within 20 days of the date of the order, shall serve and file a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • SOR/2007-214, s. 1.
Marginal note:Representations of plaintiff or applicant
  •  (1) If a notice of status review is issued in respect of an action or an application, the plaintiff or applicant, within 15 days of the date of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations of defendant or respondent

    (2) The defendant or respondent may serve and file representations within seven days after being served with the representations of the plaintiff or applicant.

  • Marginal note:Reply

    (3) The plaintiff or applicant may serve and file a reply within four days after being served with the representations of the defendant or respondent.

  • SOR/2007-214, s. 1.
Marginal note:Review to be in writing
  •  (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court shall be conducted on the basis of the written representations of the parties.

  • Marginal note:Review by the Court

    (2) A judge or prothonotary shall conduct a status review and may

    • (a) if he or she is not satisfied that the proceeding should continue, dismiss the proceeding; or

    • (b) if he or she is satisfied that the proceeding should continue, order that it continue as a specially managed proceeding and may make an order under rule 385.

  • SOR/2007-214, s. 1.

Status Review — Federal Court of Appeal

Marginal note:Application or appeal — Federal Court of Appeal

 If, in an application or appeal commenced in the Federal Court of Appeal, 180 days have elapsed since the issuance of the notice of application or appeal and no requisition for a hearing date has been filed, the Court may issue a notice of status review in Form 382.2 to the parties.

  • SOR/2007-214, s. 1.
Marginal note:Representations when applicant or appellant in default
  •  (1) If the party in default is the applicant or the appellant, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations when respondent in default

    (2) If the party in default is the respondent, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why default judgment should not be entered. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

  • Marginal note:Representations of the other party

    (3) The other party may serve and file representations within 10 days after being served with the representations of the party that is in default.

  • Definition of party in default

    (4) In this rule and rule 382.4, party in default means the party that failed to take the next chronological step required by these Rules after the last step that was completed.

  • SOR/2007-214, s. 1.
Marginal note:Review to be in writing
  •  (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court of Appeal shall be conducted on the basis of the written representations of the parties.

  • Marginal note:Review by a judge

    (2) A judge shall conduct a status review and may

    • (a) if he or she is not satisfied that the proceeding should continue and

      • (i) the party in default is the applicant or the appellant, dismiss the proceeding, or

      • (ii) the party in default is the respondent, grant judgment in favour of the applicant or appellant or order the applicant or appellant to proceed to prove entitlement to the judgment claimed; or

    • (b) if he or she is satisfied that the proceeding should continue,

      • (i) give any directions that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits, and

      • (ii) fix the period for completion of subsequent steps in the proceeding.

  • SOR/2007-214, s. 1.

Specially Managed Proceedings

Marginal note:Case management judges — Federal Court

 The Chief Justice of the Federal Court may assign

  • (a) one or more judges to act as a case management judge in a proceeding;

  • (b) one or more prothonotaries to act as a case management judge in a proceeding; or

  • (c) a prothonotary to assist in the management of a proceeding.

  • SOR/2004-283, s. 22;
  • SOR/2007-214, s. 2.
Marginal note:Case management judges — Federal Court of Appeal

 The Chief Justice of the Federal Court of Appeal may assign one or more judges to act as a case management judge in a proceeding.

  • SOR/2004-283, s. 23.
Marginal note:Order for special management

 The Court may at any time order that a proceeding continue as a specially managed proceeding.

  • SOR/2007-214, s. 3.
Marginal note:Class proceedings

 A proceeding commenced by a member of a class of persons on behalf of the members of that class shall be conducted as a specially managed proceeding.

  • SOR/2002-417, s. 23;
  • SOR/2007-301, s. 9.
Marginal note:Powers of case management judge or prothonotary
  •  (1) Unless the Court directs otherwise, a case management judge or a prothonotary assigned under paragraph 383(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may

    • (a) give any directions or make any orders that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits;

    • (b) notwithstanding any period provided for in these Rules, fix the period for completion of subsequent steps in the proceeding;

    • (c) fix and conduct any dispute resolution or pre-trial conferences that he or she considers necessary; and

    • (d) subject to subsection 50(1), hear and determine all motions arising prior to the assignment of a hearing date.

  • Marginal note:Order for status review

    (2) A case management judge or a prothonotary assigned under paragraph 383(c) may, at any time, order that a status review be held in accordance with this Part.

  • Marginal note:Order to cease special management

    (3) A case management judge or a prothonotary assigned under paragraph 383(c) may order that a proceeding, other than a class proceeding, cease to be conducted as a specially managed proceeding, in which case the periods set out in these Rules for taking any subsequent steps apply.

  • SOR/2002-417, s. 24;
  • SOR/2007-214, s. 4;
  • SOR/2007-301, s. 10(E);
  • SOR/2013-18, s. 14.

Dispute Resolution Services

Marginal note:Order for dispute resolution conference
  •  (1) The Court may order that a proceeding, or any issue in a proceeding, be referred to a dispute resolution conference, to be conducted in accordance with rules 387 to 389 and any directions set out in the order.

  • Marginal note:Time limit for dispute resolution conference

    (2) Unless the Court orders otherwise, a dispute resolution conference shall be completed within 30 days.

 
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