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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-06-28 and last amended on 2021-06-17. Previous Versions

PART 4Actions (continued)

Pleadings in an Action (continued)

Third Party Claims (continued)

Marginal note:Time for third party claim

 A third party claim against a co-defendant shall be served and filed within 10 days after the filing of the statement of defence.

Marginal note:Third party claim against non-defendant

  •  (1) A third party claim against a person who is not already a party to the action shall be

    • (a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and

    • (b) served within 30 days after it is issued.

  • Marginal note:Copy of pleadings

    (2) A third party claim served on a person who is not already a party to the action shall be accompanied by a copy of all pleadings filed in the action.

Marginal note:Time for defence to third party claim

  •  (1) A third party shall defend the plaintiff’s claim against the defendant by filing a statement of defence within the time set out in rule 204.

  • Marginal note:Rights and obligations of third party

    (2) A third party defending the plaintiff’s claim against the defendant has the same procedural rights and obligations in the action as the defendant, including those in respect of discovery, trial and appeal.

Marginal note:Hearing of third party claim

  •  (1) Unless the Court orders otherwise, a third party claim shall be heard and decided as part of the action from which it arose.

  • Marginal note:Questions of third party liability

    (2) The Court may order the question of liability as between the third party and the defendant to be tried in such a manner, at or after the trial of the action, as is set out in the order.

Marginal note:Order binding on third party

  •  (1) A third party is bound by any order or determination made in an action between the plaintiff and the defendant who made the third party claim, whether or not the third party defended the plaintiff’s claim.

  • Marginal note:Consequences of default of third party defence

    (2) A third party who defends neither the third party claim nor the plaintiff’s claim is deemed to admit

    • (a) the validity of any judgment obtained by the plaintiff against the defendant, including a judgment obtained by consent; and

    • (b) the third party’s liability to contribute or indemnify to the extent specified in the third party claim.

  • Marginal note:Leave required to enforce default judgment

    (3) A judgment against a third party referred to in subsection (2) shall not be enforced without leave of the Court.

Amendment of Pleadings

Marginal note:Amendment as of right

 Notwithstanding rules 75 and 76, a party may, without leave, amend any of its pleadings at any time before another party has pleaded thereto or on the filing of the written consent of the other parties.

Marginal note:Amendment to add new cause of action

 An amendment may be made under rule 76 notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of substantially the same facts as a cause of action in respect of which the party seeking the amendment has already claimed relief in the action.

Close of Pleadings

Marginal note:Close of pleadings

 Pleadings are closed

  • (a) where a statement of defence has not been filed within the period set out in rule 204, on the expiration of that period;

  • (b) on the filing of a reply; or

  • (c) on the expiration of the time for filing a reply.

Time for Service of Pleadings

Marginal note:Statement of claim

  •  (1) A statement of claim shall be served within 60 days after it is issued.

  • Marginal note:Proof of service

    (2) Proof of service of a statement of claim shall be filed within the time set out in rule 204 for the service and filing of a statement of defence.

Marginal note:Defence

  •  (1) A defendant shall defend an action by serving and filing a statement of defence within

    • (a) 30 days after the day on which of the statement of claim is served, if the defendant is served in Canada or the United States; and

    • (b) 60 days after the day on which of the statement of claim is served, if the defendant is served outside Canada and the United States.

  • Marginal note:Extension of time

    (2) However, if the defendant serves and files a notice of intention to respond in accordance with rule 204.1, the time for serving and filing the statement of defence is extended by 10 days.

Marginal note:Notice of intention to respond

 A defendant who is served with a statement of claim and who intends to respond to the action may, within 10 days after the day on which they are served, serve on the plaintiff and file a notice of intention to respond in Form 204.1.

Marginal note:Reply

 A plaintiff’s reply to a statement of defence shall be served and filed within 10 days after service of the statement of defence.

Marginal note:Documents referred to in pleadings

 A copy of every document referred to in a pleading shall be served with the pleading or within 10 days after service of the pleading, unless

  • (a) the party being served waives its right to the copy; or

  • (b) the Court orders otherwise.

Marginal note:Service of counterclaim where no new party added

  •  (1) Where a counterclaim is brought against a plaintiff only, or against only a plaintiff and another party to the action, the statement of defence and counterclaim shall be served and filed within the time set out in rule 204.

  • Marginal note:Exception

    (2) Where a defendant to a counterclaim who is also a defendant in the action has failed to file a statement of defence in the action, that defendant shall be served personally with a statement of defence and counterclaim.

Preliminary Matters

Marginal note:No attornment to jurisdiction

 A party does not attorn to the jurisdiction of the Court by

  • (a) filing a notice of intention to respond; or

  • (b) bringing a motion to object to

    • (i) any irregularity in the commencement of the action,

    • (ii) the service of the statement of claim,

    • (iii) the Court as not being a convenient forum, or

    • (iv) the jurisdiction of the Court.

Marginal note:Solicitor of record

 A solicitor appearing for a party bringing a motion referred to in rule 208 shall be considered to be the solicitor of record of the party and the address indicated for the solicitor on the notice of motion or other documents is the address for service of the party.

Default Proceedings

Marginal note:Motion for default judgment

  •  (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim.

  • Marginal note:Motion in writing

    (2) Subject to section 25 of the Crown Liability and Proceedings Act, a motion under subsection (1) may be brought ex parte and in accordance with rule 369.

  • Marginal note:Affidavit evidence

    (3) A motion under subsection (1) shall be supported by affidavit evidence.

  • Marginal note:Disposition of motion

    (4) On a motion under subsection (1), the Court may

    • (a) grant judgment;

    • (b) dismiss the action; or

    • (c) order that the action proceed to trial and that the plaintiff prove its case in such a manner as the Court may direct.

 
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