GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 52.5
Objection to expert 52.5 (1) A party to a proceeding shall, as early as possible in the proceeding, raise any objection to an opposing party’s proposed expert witness that could disqualify the witness from testifying. Manner of raising objection (2) An objection may be raised (a) by serving and filing a document containing the particulars of and basis for the objection; or (b) in accordance with subsection 262(2) or subparagraph 263(c)(i) if, in the case of an action, the objection is known prior to the pre-trial conference. SOR/2010-176, s. 2
Federal Courts Rules — 52.6
Expert conference 52.6 (1) The Court may order expert witnesses to confer with one another in advance of the hearing of the proceeding in order to narrow the issues and identify the points on which their views differ. Presence of parties and counsel (2) Subsection (1) does not preclude the parties and their counsel from attending an expert conference but the conference may take place in their absence if the parties agree. Presence of judge or associate judge (3) The Court may order that an expert conference take place in the presence of a judge or associate judge. Joint statement (4) A joint statement prepared by the expert witnesses following an expert conference is admissible at the hearing of the proceeding . Discussions in an expert conference and documents prepared for the purposes of a conference are confidential and shall not be disclosed to the judge or associate judge presiding at the hearing of the proceeding unless the parties consent. SOR/2010-176, s. 2 SOR/2025-232, s. 10
Federal Courts Rules — 53
Orders on terms 53 (1) In making an order under these Rules, the Court may impose such conditions and give such directions as it considers just. Other orders (2) Where these Rules provide that the Court may make an order of a specified nature, the Court may make any other order that it considers just.
Federal Courts Rules — 54
Motion for directions 54 A person may at any time bring a motion for directions concerning the procedure to be followed under these Rules.
Federal Courts Rules — 55
Varying rule and dispensing with compliance 55 In special circumstances, in a proceeding, the Court may vary a rule or dispense with compliance with a rule. SOR/2004-283, s. 11
Federal Courts Rules — 56
Effect of non-compliance 56 Non-compliance with any of these Rules does not render a proceeding, a step in a proceeding or an order void, but instead constitutes an irregularity, which may be addressed under rules 58 to 60.
Federal Courts Rules — 57
Wrong originating document 57 An originating document shall not be set aside only on the ground that a different originating document should have been used.
Federal Courts Rules — 58
Motion to attack irregularity 58 (1) A party may by motion challenge any step taken by another party for non-compliance with these Rules. When motion to be brought (2) A motion under subsection (1) shall be brought as soon as practicable after the moving party obtains knowledge of the irregularity.
Federal Courts Rules — 59
Orders on motion 59 Subject to rule 57, where, on a motion brought under rule 58, the Court finds that a party has not complied with these Rules, the Court may, by order, (a) dismiss the motion, where the motion was not brought within a sufficient time after the moving party became aware of the irregularity to avoid prejudice to the respondent in the motion; (b) grant any amendments required to address the irregularity; or (c) set aside the proceeding, in whole or in part.
Federal Courts Rules — 60
Non-compliance with Rules or gap in case 60 At any time before judgment is given in a proceeding, the Court may draw the attention of a party to any gap in the proof of its case or to any non-compliance with these Rules and permit the party to remedy it on such conditions as the Court considers just.
Federal Courts Rules — 61
Actions 61 (1) Subject to subsection (4), a proceeding referred to in rule 169 shall be brought as an action. Applications (2) Subject to subsection (4), a proceeding referred to in rule 300 shall be brought as an application. Appeals (3) A proceeding referred to in rule 335 shall be brought as an appeal. Exception (4) Where by or under an Act of Parliament a person is given the option of bringing a proceeding referred to in rule 169 or 300 as either an action or an application, the person may commence the proceeding as an action or as an application.
Federal Courts Rules — 62
Commencement of proceedings 62 (1) Subject to subsection (2), all actions, applications or appeals shall be commenced by the issuance of an originating document. Exception (2) A counterclaim or third party claim in an action brought only against persons who are already parties to the action shall be commenced by the service and filing of the counterclaim or third party claim.
Federal Courts Rules — 63
Types of originating documents 63 (1) Unless otherwise provided by or under an Act of Parliament, the originating document for the commencement of (a) an action, including an appeal by way of an action, is a statement of claim; (b) a counterclaim against a person who is not yet a party to the action is a statement of defence and counterclaim; (c) a third party claim against a person who is not yet a party to the action is a third party claim; (d) an application is a notice of application; and (e) an appeal is a notice of appeal. Other originating documents (2) Where by or under an Act of Parliament a proceeding is to be commenced by way of a document different from the originating document required under these Rules, the rules applicable to the originating document apply in respect of that document.
Federal Courts Rules — 64
Declaratory relief available 64 No proceeding is subject to challenge on the ground that only a declaratory order is sought, and the Court may make a binding declaration of right in a proceeding whether or not any consequential relief is or can be claimed.
Federal Courts Rules — 65
Format of printed documents 65 A printed document that is prepared for use in a proceeding shall be legible, the print — including all references in the document — shall be in 12-point Times New Roman, Arial or Tahoma font and each page of the document shall (a) be on good quality white or off-white paper, measuring 21.5 cm by 28 cm (8½ in. by 11 in.); (b) have top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm; (c) be printed on one side of the paper only, unless the document is a book of authorities; and (d) have no more than 30 lines, exclusive of headings. SOR/2004-283, s. 12; SOR/2013-18, s. 3
Federal Courts Rules — 66
Heading 66 (1) The first page of a document prepared for use in a proceeding shall have a heading in Form 66 that sets out (a) the name of the court and the Court file number; and (b) the style of cause in accordance with rule 67. Content of document (2) A document prepared for use in a proceeding shall contain (a) the title of the document; (b) its date; (c) the name, address, telephone number and, if any, fax number of the solicitor or party who is filing the document; (c.1) the party’s address for service; and (d) if there is consent to the electronic service of documents, the electronic address set out in Form 141A. Signature (3) A document prepared for use in a proceeding shall be signed by the solicitor or party filing it. SOR/2004-283, s. 36; SOR/2015-21, s. 9 SOR/2021-246, s. 2
Federal Courts Rules — 67
Style of cause in originating document 67 (1) An originating document shall contain a style of cause that sets out the names of all parties and the capacity of any party that is not acting in its personal capacity. Style of cause in action (2) The style of cause in an action shall name each party commencing the action as a plaintiff and each adverse party as a defendant. Style of cause in application (3) The style of cause in an application shall name each party commencing the application as an applicant and each adverse party as a respondent and state any legislative provision or rule under which the application is made. Style of cause in appeal (4) The style of cause in an appeal shall name each party bringing the appeal as an appellant and each adverse party as a respondent. Short style of cause (5) In a document other than an originating document or order, where there are more than two parties to the proceeding, a short style of cause may be used, showing the names of the first party on each side followed by the expression “and others”. Motions prior to commencement of proceeding (6) Subsections (1) to (4) apply, with such modifications as are required, to a motion brought prior to the commencement of an action, application or appeal.
Federal Courts Rules — 68
Language of documents 68 (1) Subject to subsection (2), all documents required under these Rules to be filed in a proceeding shall be in English or French or be accompanied by a translation in English or French and an affidavit attesting to the accuracy of the translation. Language of pleadings, etc. (2) All pleadings, memoranda of fact and law and written representations on motions shall be in English or French.
Federal Courts Rules — 69
Notice of constitutional question 69 A notice of a constitutional question referred to in section 57 of the Act shall be in Form 69.
Federal Courts Rules — 70
Memorandum of fact and law 70 (1) A memorandum of fact and law shall contain, in consecutively numbered paragraphs, (a) a concise statement of fact, as Part I of the memorandum; (b) a statement of the points in issue, as Part II of the memorandum; (c) a concise statement of submissions, as Part III of the memorandum; (d) a concise statement of the order sought, including any order concerning costs, as Part IV of the memorandum; (e) a list of the authorities to be referred to, as Part V of the memorandum; (f) in a proceeding other than an appeal, the provisions of any statutes or regulations cited or relied on that have not been reproduced in another party’s memorandum, as Appendix A to the memorandum; and (g) in a proceeding other than an appeal, a book of the authorities to be referred to that have not been included in another party’s book of authorities, as Appendix B to the memorandum. Enactments in both official languages (2) Extracts of federal statutes and regulations in Appendix A to a memorandum of fact and law shall be reproduced in both official languages. Book of authorities (2.1) In respect of reasons for judgment, the book of authorities shall contain (a) in the case where the book is filed in paper copy and the reasons are available from an electronic database that is accessible to the public at no charge, the relevant extracts of the reasons — including the head note, if any, and the paragraphs immediately preceding and following the extracts — with a reference to the database clearly marked on the page containing the extract; and (b) in any other case, the reasons for judgment in full with the relevant extracts clearly marked. Appendices (3) If a memorandum of fact and law is filed in paper copy, the appendices may be bound separately from the memorandum. Length (4) Unless otherwise ordered by the Court, a memorandum of fact and law, exclusive of Part V and appendices, shall not exceed 30 pages in length. Exception — combined memorandum (5) Despite subsection (4), if a respondent serves and files a single memorandum of fact and law as appellant by cross-appeal as part of the respondent’s memorandum of fact and law, it shall not exceed 60 pages in length exclusive of Part V and appendices. SOR/2002-417, s. 9; SOR/2015-21, s. 10 SOR/2021-150, s. 2 SOR/2021-151, s. 3
Federal Courts Rules — 71
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. 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. 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. 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. 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
Federal Courts Rules — 71.1
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. 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. 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
Federal Courts Rules — 72
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 associate judge. Acceptance, rejection or conditional filing (2) On receipt of a document referred under paragraph (1)(b), the judge or associate judge 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 SOR/2025-232, s. 10
Federal Courts Rules — 72.1
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
Federal Courts Rules — 72.2
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
Federal Courts Rules — 72.3
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
Federal Courts Rules — 72.4
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. Notification to Court (2) The written notification may accompany the documents being filed. SOR/2021-151, s. 4
Federal Courts Rules — 73
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.
Federal Courts Rules — 73.1
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. SOR/2021-151, s. 5
Federal Courts Rules — 74
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. 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. SOR/2021-244, s. 8
Federal Courts Rules — 75
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. Limitation (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.
Federal Courts Rules — 76
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.
Federal Courts Rules — 77
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.
Federal Courts Rules — 78
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.
Federal Courts Rules — 79
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. Information (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. SOR/2021-151, s. 6
Federal Courts Rules — 80
Form of affidavits 80 (1) Affidavits shall be drawn in the first person, in Form 80A. 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. 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. Exhibits (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
Federal Courts Rules — 81
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. 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
Federal Courts Rules — 82
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.
Federal Courts Rules — 83
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.
Federal Courts Rules — 84
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. 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.
Federal Courts Rules — 85
Due diligence 85 A party who intends to cross-examine the deponent of an affidavit shall do so with due diligence.
Federal Courts Rules — 86
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.
Federal Courts Rules — 87
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.
Federal Courts Rules — 87.1
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. 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. SOR/2021-244, s. 9
Federal Courts Rules — 88
Manner of examination 88 (1) Subject to rules 234 and 296, an examination may be conducted orally or in writing. 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.