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Federal Courts Act

Version of section 50.1 from 2003-07-02 to 2024-04-01:

Marginal note:Stay of proceedings

  •  (1) The Federal 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 Federal Court lacks jurisdiction.

  • Marginal note:Recommence in provincial court

    (2) If the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the 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) If proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted.

  • 1990, c. 8, s. 16
  • 2002, c. 8, s. 47

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