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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)

Discovery and Inspection (continued)

Medical Examination of Parties (continued)

Marginal note:Further medical examination

 On motion, the Court may order further medical examinations in accordance with rule 250, on such terms as it considers just.

Marginal note:Medical report

  •  (1) After conducting a medical examination under rule 250, the medical practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and forthwith provide the report to the party who obtained the order.

  • Marginal note:Service of medical report

    (2) A party who obtains an order under rule 250 shall forthwith serve the report obtained pursuant to it on every other party.

  • Marginal note:Report confidential

    (3) Every person who receives a medical report under this rule shall treat it as confidential and use it only for the purposes of the action.

Marginal note:Medical practitioner as witness

 Unless the Court orders otherwise, a medical practitioner who has made an examination under an order made under subsection 250(1) may, subject to rule 279, be called as a witness at trial.

Marginal note:Costs of medical examination

 The Court may order that a party seeking an order under subsection 250(1) or rule 251 pay to the person to be examined or to a representative of the person appointed under rule 115 all necessary expenses of attending the examination.

Admissions

Marginal note:Request to admit fact or document

 A party may, after pleadings have been closed, request that another party admit a fact or the authenticity of a document by serving a request to admit, in Form 255, on that party.

Marginal note:Effect of request to admit

 A party who is served with a request to admit is deemed to admit a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in Form 256 within 20 days after its service and denies the admission, setting out the grounds for the denial.

Pre-Trial

Settlement Discussions

Marginal note:Settlement discussions

 Within 60 days after the close of pleadings, the solicitors for the parties shall discuss the possibility of settling any or all of the issues in the action and of bringing a motion to refer any unsettled issues to a dispute resolution conference.

Pre-trial Conferences

Marginal note:Requisition for pre-trial conference

  •  (1) After the close of pleadings, a party who is not in default under these Rules or under an order of the Court and who is ready for trial may serve and file a requisition for a pre-trial conference, accompanied by a pre-trial conference memorandum.

  • Marginal note:Contents of requisition

    (2) A requisition for a pre-trial conference shall be in Form 258 and include a certification by the solicitor of record that

    • (a) all examinations for discovery that the party intends to conduct have been completed; and

    • (b) settlement discussions have taken place in accordance with rule 257.

  • Marginal note:Contents of pre-trial conference memorandum

    (3) A pre-trial conference memorandum shall contain

    • (a) a concise statement of the nature of the proceeding;

    • (b) any admissions of the party;

    • (c) the factual and legal contentions of the party; and

    • (d) a statement of the issues to be determined at trial.

  • Marginal note:Documents

    (4) A pre-trial conference memorandum shall be accompanied by a copy of all documents that are intended to be used at trial that may be of assistance at the pre-trial conference, including all affidavits or statements of expert witnesses.

  • (5) [Repealed, SOR/2010-176, s. 4]

  • SOR/2006-219, s. 2
  • SOR/2010-176, s. 4

Marginal note:Time and place for pre-trial conference

 On the filing of a requisition for a pre-trial conference, the Court shall fix a time, not more than 60 days thereafter, and place for the pre-trial conference.

Marginal note:Participation at pre-trial conference

 Unless the Court directs otherwise, the solicitors of record for the parties and the parties or their authorized representatives shall participate in a pre-trial conference.

Marginal note:Notice of pre-trial conference

 The Administrator shall serve a notice of pre-trial conference, in Form 261, on the parties at least 30 days before the date fixed for the conference.

Marginal note:Pre-trial conference memoranda

  •  (1) Every party, other than the party who filed the requisition for a pre-trial conference, shall serve and file a pre-trial conference memorandum within 30 days after being served with the requisition.

  • Marginal note:Objection to expert

    (2) The pre-trial conference memorandum shall include any known objection to the requisitioning party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection.

  • SOR/2006-219, s. 3
  • SOR/2010-176, s. 5

Marginal note:Scope of pre-trial conference

 Participants at a pre-trial conference must be prepared to address

  • (a) the possibility of settlement of any or all of the issues in the action and of referring any unsettled issues to a dispute resolution conference;

  • (b) simplification of the issues in the action;

  • (c) any issues arising from any affidavits or statements of expert witnesses, including

    • (i) any objection to an opposing party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection,

    • (ii) any benefit to the litigation in ordering the experts to confer with one another in advance of trial in order to narrow the issues and identify the points on which their views differ, and

    • (iii) the need for any additional or rebuttal expert witness evidence;

  • (d) the possibility of obtaining admissions that may facilitate the trial;

  • (e) the issue of liability;

  • (f) the amount of damages, where damages are claimed;

  • (g) the estimated duration of the trial;

  • (h) the advisability of having the Court appoint an assessor;

  • (i) the advisability of a reference;

  • (j) suitable dates for a trial;

  • (k) the necessity for interpreters or simultaneous interpretation at the trial;

  • (l) whether a notice of a constitutional question needs to be served under section 57 of the Act;

  • (m) the content of the trial record; and

  • (n) any other matter that may promote the timely and just disposition of the action.

  • SOR/2002-417, s. 15
  • SOR/2006-219, s. 4
  • SOR/2010-176, s. 6

Marginal note:Trial date and place

 If the date and place for trial have not already been fixed, the judge or prothonotary who conducts the pre-trial conference shall do so as soon as practicable after the pre-trial conference.

Marginal note:Order

  •  (1) At a pre-trial conference,

    • (a) a judge may make any order respecting the conduct of the action; and

    • (b) a prothonotary may make any order respecting the conduct of the action other than an order under a motion referred to in any of paragraphs 50(1)(a) to (i).

  • Marginal note:Service of expert’s affidavit or statement

    (2) If applicable, the order shall set out the time for service of any additional or rebuttal affidavits or statements of expert witnesses.

  • SOR/2006-219, s. 5
 
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