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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-10-07 and last amended on 2021-06-17. Previous Versions

PART 3Rules Applicable to All Proceedings (continued)

Joinder, Intervention and Parties (continued)

Transmission of Interest

Marginal note:Proceeding not to terminate

 A proceeding is not terminated only by reason that a party to a proceeding dies or becomes bankrupt or, in the case of a corporation, ceases to exist.

Marginal note:Assignment, transmission or devolution of interest or liability

  •  (1) Subject to subsection (2), where an interest of a party in, or the liability of a party under, a proceeding is assigned or transmitted to, or devolves upon, another person, the other person may, after serving and filing a notice and affidavit setting out the basis for the assignment, transmission or devolution, carry on the proceeding.

  • Marginal note:Objection to person continuing

    (2) If a party to a proceeding objects to its continuance by a person referred to in subsection (1), the person seeking to continue the proceeding shall bring a motion for an order to be substituted for the original party.

  • Marginal note:Court may give directions

    (3) In an order given under subsection (2), the Court may give directions as to the further conduct of the proceeding.

Marginal note:Failure to continue

 Where an interest of a party in, or the liability of a party under, a proceeding has been assigned or transmitted to, or devolves upon, a person and that person has not, within 30 days, served a notice and affidavit referred to in subsection 117(1) or obtained an order under subsection 117(2), any other party to the proceeding may bring a motion for default judgment or to have the proceeding dismissed.

Representation of Parties

General

Marginal note:Individuals

 Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding.

Marginal note:Corporations or unincorporated associations

 A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.

Marginal note:Parties under legal disability or acting in representative capacity

 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor.

  • SOR/2002-417, s. 13
  • SOR/2007-301, s. 5

Marginal note:Rights and obligations of party acting in person

 Subject to paragraphs 152(2)(a) and 146(1)(b), unless the Court orders otherwise, a party not represented by a solicitor or a person authorized under rule 120 to represent a party shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules.

Solicitor of Record

Marginal note:Deemed solicitor of record

 Where a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party.

Marginal note:Notice of change or removal of solicitor

 A party may change or remove its solicitor of record or appoint a solicitor of record by serving and filing a notice in Form 124A, 124B or 124C, as the case may be.

Marginal note:Motion for removal of solicitor of record

  •  (1) Where a solicitor of record ceases to act for a party and the party has not changed its solicitor of record in accordance with rule 124, the Court may, on a motion of the solicitor, order that the solicitor be removed from the record.

  • Marginal note:Manner of service

    (2) A notice of motion under subsection (1) shall be served on the party formerly represented by the solicitor

    • (a) by personal service; or

    • (b) where personal service cannot practicably be effected,

      • (i) by mailing the notice of motion to the party at the party’s last known address, or

      • (ii) if no mailing address of the party is known, by depositing the notice of motion at the Registry office where the proceeding was initiated.

  • Marginal note:Order to be served

    (3) An order made under subsection (1) removing a solicitor of record of a party shall be served on the party in the manner set out in subsection (2) and on all other parties to the proceeding.

  • Marginal note:Proof of service

    (4) An order under subsection (1) does not take effect until proof of its service has been filed.

Marginal note:Solicitor of record ceasing to act

 A party is deemed not to be represented by a solicitor if the party does not appoint a new solicitor after its solicitor of record

  • (a) dies; or

  • (b) ceases to act for the party because of

    • (i) appointment to a public office incompatible with the solicitor’s profession,

    • (ii) suspension or disbarment as a solicitor, or

    • (iii) an order made under rule 125.

Service of Documents

Personal Service

Marginal note:Service of originating documents

  •  (1) An originating document that has been issued, other than in an appeal from the Federal Court to the Federal Court of Appeal or an ex parte application under rule 327, shall be served personally.

  • Marginal note:Exception

    (2) A party who has already participated in the proceeding need not be personally served.

  • Marginal note:Service of notice of appeal on the Crown

    (3) Despite subsections (1) and (2), in the case of an appeal from Federal Court to the Federal Court of Appeal, if the Crown, the Attorney General of Canada or any other minister of the Crown is a respondent, the notice of appeal shall be served personally on them in accordance with rule 133.

  • SOR/2004-283, s. 13
  • SOR/2010-177, s. 1

Marginal note:Personal service on individual

  •  (1) Personal service of a document on an individual, other than an individual under a legal disability, is effected

    • (a) by leaving the document with the individual;

    • (b) by leaving the document with an adult person residing at the individual’s place of residence, and mailing a copy of the document to the individual at that address;

    • (c) where the individual is carrying on a business in Canada, other than a partnership, in a name or style other than the individual’s own name, by leaving the document with the person apparently having control or management of the business at any place where the business is carried on in Canada;

    • (d) by mailing the document to the individual’s last known address, accompanied by an acknowledgement of receipt form in Form 128, if the individual signs and returns the acknowledgement of receipt card or signs a post office receipt;

    • (e) by mailing the document by registered mail to the individual’s last known address, if the individual signs a post office receipt; or

    • (f) in any other manner provided by an Act of Parliament applicable to the proceeding.

  • Marginal note:Effective day of service

    (2) Service under paragraph (1)(b) is effective on the tenth day after the copy is mailed.

  • Marginal note:Effective day of service

    (3) Service under paragraph (1)(d) or (e) is effective on the day of receipt indicated on the acknowledgement of receipt form or post office receipt, as the case may be.

Marginal note:Personal service on individual under legal disability

 Personal service of a document on an individual under a legal disability is effected by serving the individual in such a manner as the Court may order, having regard to the manner in which the interests of the person will be best protected.

Marginal note:Personal service on corporation

  •  (1) Subject to subsection (2), personal service of a document on a corporation is effected

    • (a) by leaving the document

      • (i) with an officer or director of the corporation or a person employed by the corporation as legal counsel, or

      • (ii) with the person apparently in charge, at the time of the service, of the head office or of the branch or agency in Canada where the service is effected;

    • (b) in the manner provided by any Act of Parliament applicable to the proceeding; or

    • (c) in the manner provided for service on a corporation in proceedings before a superior court in the province in which the service is being effected.

  • Marginal note:Personal service on municipal corporation

    (2) Personal service of a document on a municipal corporation is effected by leaving the document with the chief executive officer or legal counsel of the municipality.

 
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