Federal Courts Rules (SOR/98-106)

Marginal note:Motion to object

208. A party who has been served with a statement of claim and who brings a motion to object to

• (a) any irregularity in the commencement of the action,

• (b) the service of the statement of claim,

• (c) the Court as not being a convenient forum, or

• (d) the jurisdiction of the Court,

does not thereby attorn to the jurisdiction of the Court.

Marginal note:Solicitor of record

209. A solicitor appearing for a party bringing a motion referred to in rule 208 shall be considered to be the solicitor of record of the party and the address indicated for the solicitor on the notice of motion or other documents is the address for service of the party.

Marginal note:Motion for default judgment

• 210. (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim.

• Marginal note:Motion in writing

  (2) Subject to section 25 of the Crown Liability and Proceedings Act, a motion under subsection (1) may be brought ex parte and in accordance with rule 369.

• Marginal note:Affidavit evidence

  (3) A motion under subsection (1) shall be supported by affidavit evidence.

• Marginal note:Disposition of motion

  (4) On a motion under subsection (1), the Court may

  • (a) grant judgment;

  • (b) dismiss the action; or

  • (c) order that the action proceed to trial and that the plaintiff prove its case in such a manner as the Court may direct.

Marginal note:Service pursuant to order for substitutional service

211. Judgment shall not be given against a defendant who is in default where service of the statement of claim was effected pursuant to an order for substitutional service, unless the Court is satisfied that it is just to do so having regard to all the circumstances.

Marginal note:Service pursuant to Hague Convention

• 212. (1) Where a statement of claim was sent abroad for service on a defendant in a contracting state to the Hague Convention and the defendant has not filed a defence, judgment shall not be given under rule 210 unless the Court is satisfied that

  • (a) the statement of claim was

    • (i) served by a method prescribed by the law of the state in which service was made, or

    • (ii) delivered to the defendant or to the defendant's residence by another method provided for in the Hague Convention; and

  • (b) the defendant has had sufficient time after the service or delivery to file a defence.

• Marginal note:Judgment

  (2) Notwithstanding subsection (1), the Court may give judgment under rule 210 if

  • (a) the statement of claim was sent by a method provided for in the Hague Convention;

  • (b) a period of not less than six months, or such longer period as the Court considers adequate in the circumstances, has elapsed since the day on which the statement of claim was sent; and

  • (c) no certificate under article 6 of the Hague Convention was received, and every reasonable effort was made to obtain such a certificate through the competent authorities of the state to which the statement of claim was sent.

• Marginal note:Interlocutory injunction or mandamus

  (3) This rule does not preclude the Court from making an order under rule 373 before service of the statement of claim.