PART 3Rules Applicable to All Proceedings (continued)
Court Documents (continued)
Filing of Documents
Marginal note:Sending documents for filing
71 (1) A document may be sent to the Registry for the purpose of filing by delivery, mail, fax or electronic transmission.
Marginal note:Sending by fax — prior consent required
(2) The Administrator’s consent is required before any of the following documents may be sent by fax:
(a) a motion record, application record, trial record, appeal book or book of authorities; and
(b) any other document that is longer than 20 pages.
Marginal note:Fax cover page
(3) A document that is sent by fax shall include a cover page that sets out the following information:
(a) the name, address and telephone number of the sender;
(b) the date and time of the transmission;
(c) the total number of pages being transmitted, including the cover page;
(d) a fax number at which the sender may receive documents; and
(e) the name and telephone number of the person that is to be contacted in the event of a transmission problem.
Marginal note:Sending by electronic transmission — document format
(4) A document that is sent by electronic transmission shall be in PDF (Portable Document Format) or any other format that is approved by the Court.
Marginal note:Originating documents sent by electronic transmission
(5) A person who sends an originating document by electronic transmission shall provide the Registry with paper copies for issuance or arrange for the Registry to prepare those copies.
- SOR/2015-21, s. 11
Marginal note:Document submitted for filing
71.1 (1) A document that was sent to the Registry in accordance with rule 71 is submitted for filing when
(a) it is received and dated by the Registry; and
(b) if a fee for its issuance or filing is payable under Tariff A, the fee is paid.
Marginal note:Time of receipt — electronic transmission
(2) In the case of a document that was sent by electronic transmission to the Registry for filing, the time of its receipt by the Registry is that time in the Eastern time zone.
Marginal note:Submission on holiday
(3) A document that is submitted for filing on a holiday is deemed to have been submitted for filing on the next day that is not a holiday.
- SOR/2015-21, s. 11
Marginal note:Irregular documents
72 (1) Where a document is submitted for filing, the Administrator shall
(a) accept the document for filing; or
(b) where the Administrator is of the opinion that the document is not in the form required by these Rules or that other conditions precedent to its filing have not been fulfilled, refer the document without delay to a judge or prothonotary.
Marginal note:Acceptance, rejection or conditional filing
(2) On receipt of a document referred under paragraph (1)(b), the judge or prothonotary may direct the Administrator to
(a) accept or reject the document; or
(b) accept the document subject to conditions as to the making of any corrections or the fulfilling of any conditions precedent.
(3) [Repealed, SOR/2015-21, s. 12]
- SOR/2015-21, s. 12
Marginal note:Time of filing
72.1 Unless the Court directs otherwise, a document that is accepted for filing is deemed to have been filed at the time the document was submitted for filing.
- SOR/2015-21, s. 13
Marginal note:Paper copies — fax or electronic transmission
72.2 A person who files a document by fax or electronic transmission shall, if required by the Court, provide the Registry with the same number of paper copies of the document as would have been required had the document been filed in paper copy.
- SOR/2015-21, s. 13
Marginal note:Retention and provision of paper copy
72.3 A person who, by electronic transmission, files a document that is originally in paper copy and that bears a signature shall retain the paper copy of the document for the duration of any appeal and for 30 days after the expiry of all appeal periods and, if required by the Court, provide that paper copy to the Registry.
- SOR/2015-21, s. 13
Marginal note:Filing — National Capital Region
72.4 (1) A party that files paper copies of documents under subsection 309(1.1), 310(1.1), 345(2), 348(1) or 353(1), rule 354 or 355 or subsection 364(1) or 365(1) may file one fewer copy than set out in those provisions if the Court has been notified in writing that all parties to the proceeding are based in the National Capital Region and that they all agree that the proceeding and all matters related to it will proceed and be disposed of in the National Capital Region.
Marginal note:Notification to Court
(2) The written notification may accompany the documents being filed.
Marginal note:Proof of service
73 No document required to be served, other than an originating document, shall be filed without proof that it has been served within the time and in the manner provided for by these Rules.
Marginal note:Notice of constitutional question
73.1 A notice of a constitutional question referred to in section 57 of the Act shall be filed, along with proof that it has been served in accordance with that section, without delay after service.
Marginal note:Removal of documents
74 (1) Subject to subsection (2), the Court may, at any time, order that a document be removed from the Court file if the document
(a) was not filed in accordance with these Rules, an order of the Court or an Act of Parliament;
(b) is scandalous, frivolous, vexatious or clearly unfounded; or
(c) is otherwise an abuse of the process of the Court.
Marginal note:Opportunity to make submissions
(2) The Court may only make an order under subsection (1) if all interested parties have been given an opportunity to make submissions.
Marginal note:Amendments with leave
75 (1) Subject to subsection (2) and rule 76, the Court may, on motion, at any time, allow a party to amend a document, on such terms as will protect the rights of all parties.
(2) No amendment shall be allowed under subsection (1) during or after a hearing unless
(a) the purpose is to make the document accord with the issues at the hearing;
(b) a new hearing is ordered; or
(c) the other parties are given an opportunity for any preparation necessary to meet any new or amended allegations.
Marginal note:Leave to amend
76 With leave of the Court, an amendment may be made
(a) to correct the name of a party, if the Court is satisfied that the mistake sought to be corrected was not such as to cause a reasonable doubt as to the identity of the party, or
(b) to alter the capacity in which a party is bringing a proceeding, if the party could have commenced the proceeding in its altered capacity at the date of commencement of the proceeding,
unless to do so would result in prejudice to a party that would not be compensable by costs or an adjournment.
Marginal note:Amendment after expiration of limitation period
77 The Court may allow an amendment under rule 76 notwithstanding the expiration of a relevant period of limitation that had not expired at the date of commencement of the proceeding.
Marginal note:Effect of amendment
78 Unless the Court orders otherwise, where these Rules provide for doing an act or taking a step in a proceeding within a prescribed period after the service or filing of a document and that document is subsequently amended in accordance with these Rules, the period shall be calculated from the day of service or filing of the amended document, as the case may be.
Marginal note:Manner of amending
79 (1) A filed document may be amended
(a) if the amendment does not require the insertion of more than 10 words in any one page, by writing the amendment on the document, serving a copy of the amended document on all other parties and filing proof of its service; and
(b) in any other case, by serving and filing an amended document in which the amendments are underlined and filing proof of its service.
(2) An amendment made under subsection (1) shall indicate the rule or Court order under which the amendment is made and the date on which it is made.
Affidavit Evidence and Examinations
Marginal note:Form of affidavits
80 (1) Affidavits shall be drawn in the first person, in Form 80A.
Marginal note:Affidavit by blind or illiterate person
(2) Where an affidavit is made by a deponent who is blind or illiterate, the person before whom the affidavit is sworn shall certify that the affidavit was read to the deponent and that the deponent appeared to understand it.
Marginal note:Affidavit by deponent who does not understand an official language
(2.1) Where an affidavit is written in an official language for a deponent who does not understand that official language, the affidavit shall
(a) be translated orally for the deponent in the language of the deponent by a competent and independent interpreter who has taken an oath, in Form 80B, as to the performance of his or her duties; and
(b) contain a jurat in Form 80C.
(3) Where an affidavit refers to an exhibit, the exhibit shall be accurately identified by an endorsement on the exhibit or on a certificate attached to it, signed by the person before whom the affidavit is sworn.
- SOR/2002-417, s. 10
Marginal note:Content of affidavits
81 (1) Affidavits shall be confined to facts within the deponent’s personal knowledge except on motions, other than motions for summary judgment or summary trial, in which statements as to the deponent’s belief, with the grounds for it, may be included.
Marginal note:Affidavits on belief
(2) Where an affidavit is made on belief, an adverse inference may be drawn from the failure of a party to provide evidence of persons having personal knowledge of material facts.
- SOR/2009-331, s. 2
Marginal note:Use of solicitor’s affidavit
82 Except with leave of the Court, a solicitor shall not both depose to an affidavit and present argument to the Court based on that affidavit.
Marginal note:Cross-examination on affidavits
83 A party to a motion or application may cross-examine the deponent of an affidavit served by an adverse party to the motion or application.
Marginal note:When cross-examination may be made
84 (1) A party seeking to cross-examine the deponent of an affidavit filed in a motion or application shall not do so until the party has served on all other parties every affidavit on which the party intends to rely in the motion or application, except with the consent of all other parties or with leave of the Court.
Marginal note:Filing of affidavit after cross-examination
(2) A party who has cross-examined the deponent of an affidavit filed in a motion or application may not subsequently file an affidavit in that motion or application, except with the consent of all other parties or with leave of the Court.
Marginal note:Due diligence
85 A party who intends to cross-examine the deponent of an affidavit shall do so with due diligence.
Marginal note:Transcript of cross-examination on affidavit
86 Unless the Court orders otherwise, a party who conducts a cross-examination on an affidavit shall order and pay for a transcript thereof and send a copy to each other party.
Examinations out of Court
Definition of examination
87 In rules 88 to 100, examination means
(a) an examination for discovery;
(b) the taking of evidence out of court for use at trial;
(c) a cross-examination on an affidavit; or
(d) an examination in aid of execution.
Marginal note:Scope or duration of examination
87.1 (1) Subject to subsection (2), the Court may, on its own initiative or on motion, order that the scope or duration of an examination be limited.
Marginal note:Opportunity to be heard
(2) The Court may only make an order under subsection (1) on its own initiative if all interested parties have been given an opportunity to make submissions.
Marginal note:Manner of examination
88 (1) Subject to rules 234 and 296, an examination may be conducted orally or in writing.
Marginal note:Electronic communications
(2) The Court may order that an examination out of court be recorded by video recording or conducted by video-conference or any other form of electronic communication.
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