Federal Courts Rules (SOR/98-106)

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.

Marginal note:Stay of proceedings

390 On motion, a case management judge or a prothonotary assigned under paragraph 383(c) may, by order, stay a proceeding, including a proceeding that has previously been stayed, for a period of not more than six months, on the ground that the parties have undertaken to refer the subject-matter of the proceeding to an alternative means of dispute resolution, other than a dispute resolution conference referred to in rule 386.

Marginal note:Case management judge not to preside at hearing

391 A case management judge who conducts a dispute resolution conference in an action, application or appeal shall not preside at the hearing thereof unless all parties consent.

PART 10Orders

Marginal note:Disposition of hearing

• 392 (1) The Court may dispose of any matter that is the subject-matter of a hearing by signing an order.

• Marginal note:Effective time of order

  (2) Unless it provides otherwise, an order is effective from the time that it is endorsed in writing and signed by the presiding judge or prothonotary or, in the case of an order given orally from the bench in circumstances that render it impracticable to endorse a written copy of the order, at the time it is made.

Marginal note:Reasons

393 The Court may deliver reasons for judgment

• (a) orally from the bench at the conclusion of the hearing of a proceeding; or

• (b) after having reserved judgment at the conclusion of a hearing, by depositing in the Registry written reasons, signed by the judge or prothonotary who delivered them.

Marginal note:Drafting of order

• 394 (1) When the Court gives reasons, it may direct one of the parties to prepare for endorsement a draft order to implement the Court’s conclusion, approved as to form and content by the other parties or, if the parties cannot agree on the form and content of the order, to bring a motion for judgment in accordance with rule 369 or 369.2, as the case may be.

• Marginal note:Pronouncement of judgment

  (2) On the return of a motion under subsection (1), the Court shall settle the terms of and pronounce the judgment, which shall be endorsed in writing and signed by the presiding judge or prothonotary.

Marginal note:Copies to be sent

• 395 (1) Subject to subsection 36(3), the Administrator shall send without delay a copy of every order made and of any reasons given other than in open court to all parties

  • (a) by registered mail;

  • (b) by electronic means, including facsimile and electronic mail; or

  • (c) by any other means, as directed by the Chief Justice, likely to bring the order and any reasons to the attention of the party.

• Marginal note:Proof of receipt

  (2) If an order and any reasons are transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file.

Marginal note:Recording of orders

396 Every order shall be recorded by the Administrator forthwith after it is made.

Marginal note:Motion to reconsider

• 397 (1) Within 10 days after the making of an order, or within such other time as the Court may allow, a party may serve and file a notice of motion to request that the Court, as constituted at the time the order was made, reconsider its terms on the ground that

  • (a) the order does not accord with any reasons given for it; or

  • (b) a matter that should have been dealt with has been overlooked or accidentally omitted.

• Marginal note:Mistakes

  (2) Clerical mistakes, errors or omissions in an order may at any time be corrected by the Court.

Marginal note:Stay of order

• 398 (1) On the motion of a person against whom an order has been made,

  • (a) where the order has not been appealed, the court that made the order may order that it be stayed; or

  • (b) where a notice of appeal of the order has been issued, a judge of the court that is to hear the appeal may order that it be stayed.

• Marginal note:Conditions

  (2) As a condition to granting a stay under subsection (1), a judge may require that the appellant

  • (a) provide security for costs; and

  • (b) do anything required to ensure that the order will be complied with when the stay is lifted.

• Marginal note:Setting aside of stay

  (3) A judge of the court that is to hear an appeal of an order that has been stayed pending appeal may set aside the stay if the judge is satisfied that the party who sought the stay is not expeditiously proceeding with the appeal or that for any other reason the order should no longer be stayed.