Federal Courts Rules (SOR/98-106)

Marginal note:Interim injunction

• 374 (1) A judge may grant an interim injunction on an ex parte motion for a period of not more than 14 days where the judge is satisfied

  • (a) in a case of urgency, that no notice is possible; or

  • (b) that to give notice would defeat the purpose of the motion.

• Marginal note:Extension

  (2) A motion to extend an interim injunction that was granted on an ex parte motion may be brought only on notice to every party affected by the injunction, unless the moving party can demonstrate that a party has been evading service or that there are other sufficient reasons to extend the interim injunction without notice to the party.

• Marginal note:Limitation

  (3) Where a motion to extend an interim injunction under subsection (2) is brought ex parte, the extension may be granted for a further period of not more than 14 days.

Appointment of a Receiver

Marginal note:Motion to appoint receiver

• 375 (1) On motion, a judge may appoint a receiver in any proceeding.

• Marginal note:Remuneration and security

  (2) An order under subsection (1) shall set out the remuneration to be paid to, and the amount of security to be given by, the receiver.

Marginal note:Approval of receiver’s accounts

376 A receiver appointed under rule 375 shall, by motion to the Court, seek approval of the receiver’s accounts on an annual basis.

Preservation of Property

Marginal note:Motion for order in respect of property

• 377 (1) On motion, the Court may make an order for the custody or preservation of property that is, or will be, the subject-matter of a proceeding or as to which a question may arise therein.

• Marginal note:Interim order

  (2) Rule 374 applies to interim orders for the custody or preservation of property referred to in subsection (1), with such modifications as the circumstances require.

Marginal note:Order to identify property

• 378 (1) An order under subsection 377(1) shall

  • (a) identify the property to be kept or preserved;

  • (b) state where, by whom, for how long and at whose cost the property is to be kept or preserved; and

  • (c) if the property is to be insured, state at whose expense it shall be insured.

• Marginal note:Scope of order

  (2) An order under subsection 377(1) shall be directed solely to the protection of the property in question.

Marginal note:Sale of perishable or deteriorating property

379 Where any property, other than real property or immoveables, that is the subject-matter of a proceeding or the subject of a question that may arise in a proceeding

• (a) is of a perishable nature,

• (b) is likely to deteriorate if kept, or

• (c) should for any other reason be sold without delay,

on motion, the Court may order the sale of the property, in such a manner and on such conditions as may be specified in the order.

PART 9Case Management and Dispute Resolution Services

Case Management

Status Review — Federal Court

Marginal note:Actions — Federal Court

• 380 (1) If, in an action commenced in the Federal Court,

  • (a) 180 days have elapsed since the issuance of the statement of claim and no statement of defence has been filed and no motion for default judgement is pending, the Administrator shall issue a notice of status review, in Form 380, to the parties; or

  • (b) 360 days have elapsed since the issuance of the statement of claim and no requisition for a pre-trial conference has been filed, the Court shall order that the action continue as a specially managed proceeding and may make an order under rule 385.

• Marginal note:Applications — Federal Court

  (2) If, in an application commenced in the Federal Court, 180 days have elapsed since the issuance of the notice of application and no requisition for a hearing date has been filed, the Court may

  • (a) issue a notice of status review, in Form 380, to the parties; or

  • (b) order that the application continue as a specially managed proceeding and may make an order under rule 385.

• Marginal note:Exception

  (3) Subsections (1) and (2) do not apply to an action or an application continued as a specially managed proceeding or in respect of which a motion to continue the proceeding as a specially managed proceeding is pending.

Marginal note:Filing of timetable

381 If the Court orders that an action or an application continue as a specially managed proceeding under paragraph 380(1)(b) or (2)(b), and no order under rule 385 has been made in accordance with that paragraph, the plaintiff or applicant, within 20 days of the date of the order, shall serve and file a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

Marginal note:Representations of plaintiff or applicant

• 382 (1) If a notice of status review is issued in respect of an action or an application, the plaintiff or applicant, within 15 days of the date of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

• Marginal note:Representations of defendant or respondent

  (2) The defendant or respondent may serve and file representations within seven days after being served with the representations of the plaintiff or applicant.

• Marginal note:Reply

  (3) The plaintiff or applicant may serve and file a reply within four days after being served with the representations of the defendant or respondent.

Marginal note:Review to be in writing

• 382.1 (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court shall be conducted on the basis of the written representations of the parties.

• Marginal note:Review by the Court

  (2) A judge or prothonotary shall conduct a status review and may

  • (a) if he or she is not satisfied that the proceeding should continue, dismiss the proceeding; or

  • (b) if he or she is satisfied that the proceeding should continue, order that it continue as a specially managed proceeding and may make an order under rule 385.

Status Review — Federal Court of Appeal

Marginal note:Application or appeal — Federal Court of Appeal

382.2 If, in an application or appeal commenced in the Federal Court of Appeal, 180 days have elapsed since the issuance of the notice of application or appeal and no requisition for a hearing date has been filed, the Court may issue a notice of status review in Form 382.2 to the parties.

Marginal note:Representations when applicant or appellant in default

• 382.3 (1) If the party in default is the applicant or the appellant, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

• Marginal note:Representations when respondent in default

  (2) If the party in default is the respondent, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why default judgment should not be entered. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner.

• Marginal note:Representations of the other party

  (3) The other party may serve and file representations within 10 days after being served with the representations of the party that is in default.

• Definition of party in default

  (4) In this rule and rule 382.4, party in default means the party that failed to take the next chronological step required by these Rules after the last step that was completed.

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 outcome of the proceeding, and

    • (ii) fix the period for completion of subsequent steps in the proceeding.

Specially Managed Proceedings

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 outcome of the proceeding;

  • (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.

Dispute Resolution Services

Marginal note:Order for dispute resolution conference

• 386 (1) The Court may order that a proceeding, or any issue in a proceeding, be referred to a dispute resolution conference, to be conducted in accordance with rules 387 to 389 and any directions set out in the order.

• Marginal note:Time limit for dispute resolution conference

  (2) Unless the Court orders otherwise, a dispute resolution conference shall be completed within 30 days.

Marginal note:Interpretation

387 A dispute resolution conference shall be conducted by a case management judge or prothonotary assigned under paragraph 383(c), who may

• (a) conduct a mediation, to assist the parties by meeting with them together or separately to encourage and facilitate discussion between them in an attempt to reach a mutually acceptable resolution of the dispute;

• (b) conduct an early neutral evaluation of a proceeding, to evaluate the relative strengths and weaknesses of the positions advanced by the parties and render a non-binding opinion as to the probable outcome of the proceeding; or

• (c) conduct a mini-trial, presiding over presentation by counsel for the parties of their best case and rendering a non-binding opinion as to the probable outcome of the proceeding.

Marginal note:Confidentiality

388 Discussions in a dispute resolution conference and documents prepared for the purposes of such a conference are confidential and shall not be disclosed.

Marginal note:Notice of settlement

• 389 (1) Where a settlement of all or part of a proceeding is reached at a dispute resolution conference,

  • (a) it shall be reduced to writing and signed by the parties or their solicitors; and

  • (b) a notice of settlement in Form 389 shall be filed within 10 days after the settlement is reached.

• Marginal note:Report of partial settlement

  (2) Where a settlement of only part of a proceeding is reached at a dispute resolution conference, the case management judge shall make an order setting out the issues that have not been resolved and giving such directions as he or she considers necessary for their adjudication.

• Marginal note:Notice of failure to settle

  (3) Where no settlement can be reached at a dispute resolution conference, the case management judge shall record that fact on the Court file.