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Federal Courts Act

Version of section 50.1 from 2002-12-31 to 2003-07-01:

Marginal note:Stay of proceedings

  •  (1) The Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Court lacks jurisdiction.

  • Marginal note:Recommence in provincial court

    (2) Where the Court stays proceedings under subsection (1), the party who instituted the proceedings may recommence those proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings.

  • Marginal note:Prescription and limitation of actions

    (3) Where proceedings are recommenced pursuant to subsection (2) within one hundred days after the proceedings are stayed in the Court, the claim against the Crown in the recommenced proceedings shall, for the purposes of any laws relating to prescription and the limitation of actions, be deemed to have been instituted on the day the proceedings in the Court were instituted.

  • 1990, c. 8, s. 16

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