Federal Courts Rules (SOR/98-106)

Marginal note:Failure to give notice

37. Where at a hearing the Court considers that any person to whom notice of the hearing has not been given ought to have had such notice, the Court may adjourn the hearing or dismiss the proceeding or motion.

Marginal note:Absence of party

38. Where a party fails to appear at a hearing, the Court may proceed in the absence of the party if the Court is satisfied that notice of the hearing was given to that party in accordance with these Rules.

Marginal note:Inability to continue

39. If a judge or referee of the Federal Court of Appeal or a Judge, prothonotary or referee of the Federal Court is for any reason unable to continue in a proceeding or to render a judgment that has been reserved, the Chief Justice of the court in question may order that the proceeding be reheard or retried, on any terms that the Chief Justice considers just.

Marginal note:Rota of Judges for Vancouver

• 40. (1) On or before July 1 in each year, the Chief Justice of the Federal Court shall, in consultation with the other judges of that court, establish a rota of judges for Vancouver for the twelve months commencing on September 1 of that year, excluding the Christmas recess.

• Marginal note:Powers of Chief Justice of the Federal Court

  (2) The Chief Justice of the Federal Court may make changes to the Vancouver rota, including the substitution of one judge for another during all or part of the judge's period of assignment.

• Marginal note:Responsibilities of judges

  (3) A judge assigned to Vancouver shall reside in Vancouver for the period of the assignment and hold sittings and otherwise transact the judicial business of the Federal Court in Vancouver and in such other places as may be required.

• Marginal note:Assignment period

  (4) Except with a judge's consent, the Chief Justice of the Federal Court shall not

  • (a) assign the judge to Vancouver for a period exceeding two months; or

  • (b) reassign the judge to Vancouver for a second assignment within two months after the end of the first.

Marginal note:Subpoena for witness

• 41. (1) Subject to subsection (4), on receipt of a written request, the Administrator shall issue, in Form 41, a subpoena for the attendance of a witness or the production of a document or other material in a proceeding.

• Marginal note:Issuance in blank

  (2) A subpoena may be issued in blank and completed by a solicitor or party.

• Marginal note:Multiple names

  (3) Any number of names may be included in one subpoena.

• Marginal note:Where leave required

  (4) No subpoena shall be issued without leave of the Court

  • (a) for the production of an original record or of an original document, if the record or document may be proven by a copy in accordance with an Act of Parliament or of the legislature of a province;

  • (b) to compel the appearance of a witness who resides more than 800 km from the place where the witness will be required to attend under the subpoena; or

  • (c) to compel the attendance of a witness at a hearing other than a trial or a reference under rule 153.

• Marginal note:Ex parte motion

  (5) Leave may be granted under subsection (4) on an ex parte motion.