Federal Courts Rules (SOR/98-106)

Marginal note:Preliminary determination of question of law or admissibility

• 220 (1) A party may bring a motion before trial to request that the Court determine

  • (a) a question of law that may be relevant to an action;

  • (b) a question as to the admissibility of any document, exhibit or other evidence; or

  • (c) questions stated by the parties in the form of a special case before, or in lieu of, the trial of the action.

• Marginal note:Contents of determination

  (2) Where, on a motion under subsection (1), the Court orders that a question be determined, it shall

  • (a) give directions as to the case on which the question shall be argued;

  • (b) fix time limits for the filing and service of motion records by the parties; and

  • (c) fix a time and place for argument of the question.

• Marginal note:Determination final

  (3) A determination of a question referred to in subsection (1) is final and conclusive for the purposes of the action, subject to being varied on appeal.