Federal Courts Rules (SOR/98-106)

Marginal note:Review to be in writing

• 382.4 (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.

Marginal note:Case management judges — Federal Court

383. 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.

Marginal note:Case management judges — Federal Court of Appeal

383.1 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.

Marginal note:Order for special management

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

Marginal note:Class proceedings

384.1 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.

Marginal note:Powers of case management judge or prothonotary

• 385. (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.