Federal Courts Rules

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 that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits;

  • (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 action, cease to be conducted as a specially managed proceeding, in which case the periods set out in these Rules for taking any subsequent steps will apply.