GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — Federal Courts Rules
THIS APPLICATION is brought ex parte under rule 328 of the Federal Courts Rules and, unless the Court orders otherwise, will be decided on the basis of written representations and without notice to the respondent.
Federal Courts Rules — 1
1 The applicant applies for registration of a foreign judgment granted against (name of respondent) by (name of court or tribunal) in (name of country or state) on (date) under (Select one of the following options.) □ sections 80 to 89 of the Marine Liability Act □ the Canada-United Kingdom Civil and Commercial Judgments Convention Act
Federal Courts Rules — □
□ sections 80 to 89 of the Marine Liability Act
Federal Courts Rules — □
□ the Canada-United Kingdom Civil and Commercial Judgments Convention Act
Federal Courts Rules — 2
2 The grounds for the application are (Select applicable options and provide information indicated.) □ the judgment is one to which (specify the statute or statutory provisions selected above) applies □ (specify the statute or statutory provisions selected above) does not preclude registration of the judgment □ the respondent appeared (or did not appear) before the (name of court or tribunal) that granted the judgment (If the respondent did not appear, explain why the registration is nevertheless permitted.)
Federal Courts Rules — Federal Courts Rules
(Select applicable options and provide information indicated.)
Federal Courts Rules — □
□ the judgment is one to which (specify the statute or statutory provisions selected above) applies
Federal Courts Rules — □
□ (specify the statute or statutory provisions selected above) does not preclude registration of the judgment
Federal Courts Rules — □
□ the respondent appeared (or did not appear) before the (name of court or tribunal) that granted the judgment (If the respondent did not appear, explain why the registration is nevertheless permitted.)
Federal Courts Rules — 3
3 The following documentary evidence is relied on in support of this application: (Select applicable options and provide documents indicated.) □ an exemplified or certified copy of the foreign judgment and any reasons, including dissenting reasons, given in respect of that judgment □ the affidavit of (name) (see requirements set out in rule 329 of the Federal Courts Rules )
Federal Courts Rules — Federal Courts Rules
(Select applicable options and provide documents indicated.)
Federal Courts Rules — □
□ an exemplified or certified copy of the foreign judgment and any reasons, including dissenting reasons, given in respect of that judgment
Federal Courts Rules — □
□ the affidavit of (name) (see requirements set out in rule 329 of the Federal Courts Rules )
Federal Courts Rules — 4
4 The respondent in this application resides at (address) .
Federal Courts Rules — Federal Courts Rules
A LEGAL PROCEEDING HAS BEEN COMMENCED by the applicant for recognition and enforcement in Canada of an arbitral award granted against (name of respondent) by (name of arbitral tribunal) in (name of country or state) on (date) . The claim made by the applicant appears on the following pages.
Federal Courts Rules — 1
1 The applicant applies for recognition and enforcement of an arbitral award granted against (name of respondent) by (name of arbitral tribunal) in (name of country or state) on (date) under (Select one of the following options.) □ subsection 5(2) of the Commercial Arbitration Act □ the United Nations Foreign Arbitral Awards Convention Act □ articles 35 and 36 of the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act
Federal Courts Rules — □
□ subsection 5(2) of the Commercial Arbitration Act
Federal Courts Rules — □
□ the United Nations Foreign Arbitral Awards Convention Act
Federal Courts Rules — □
□ articles 35 and 36 of the Commercial Arbitration Code , set out in Schedule 1 to the Commercial Arbitration Act
Federal Courts Rules — 2
2 The grounds for the application are (Select applicable options and provide information indicated.) □ the arbitral award is one to which (specify the statute or statutory provisions selected above) applies □ (specify the statute or statutory provisions selected above) does not preclude the recognition and enforcement of the arbitral award □ the respondent appeared (or did not appear) before the (name of arbitral tribunal) that granted the arbitral award (If the respondent did not appear, explain why the recognition and enforcement are nevertheless permitted.)
Federal Courts Rules — □
□ the arbitral award is one to which (specify the statute or statutory provisions selected above) applies
Federal Courts Rules — □
□ (specify the statute or statutory provisions selected above) does not preclude the recognition and enforcement of the arbitral award
Federal Courts Rules — □
□ the respondent appeared (or did not appear) before the (name of arbitral tribunal) that granted the arbitral award (If the respondent did not appear, explain why the recognition and enforcement are nevertheless permitted.)
Federal Courts Rules — 3
3 The following documentary evidence is relied on in support of this application: (Select applicable options and provide documents indicated.) □ an exemplified or certified copy of the arbitral award and any reasons, including dissenting reasons, given in respect of that arbitral award □ a copy of any arbitration agreement under which the arbitral award was made □ the affidavit of (name) (see requirements set out in rule 329 of the Federal Courts Rules )
Federal Courts Rules — □
□ an exemplified or certified copy of the arbitral award and any reasons, including dissenting reasons, given in respect of that arbitral award
Federal Courts Rules — □
□ a copy of any arbitration agreement under which the arbitral award was made
Federal Courts Rules — Federal Courts Rules
A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the appellant. The relief claimed by the appellant appears below.
Federal Courts Rules — Federal Courts Rules
THIS APPEAL will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court directs otherwise, the place of hearing will be as requested by the appellant. The appellant requests that this appeal be heard at ( place where Federal Court of Appeal (or Federal Court) ordinarily sits ).
Federal Courts Rules — Federal Courts Rules
IF YOU WISH TO OPPOSE THIS APPEAL, to receive notice of any step in the appeal or to be served with any documents in the appeal, you or a solicitor acting for you must prepare a notice of appearance in Form 341A prescribed by the Federal Courts Rules and serve it on the appellant’s solicitor or, if the appellant is self-represented, on the appellant, WITHIN 10 DAYS after being served with this notice of appeal.
Federal Courts Rules — Federal Courts Rules
IF YOU INTEND TO SEEK A DIFFERENT DISPOSITION of the order appealed from, you must serve and file a notice of cross-appeal in Form 341B prescribed by the Federal Courts Rules instead of serving and filing a notice of appearance.
Federal Courts Rules — Federal Courts Rules
IF YOU FAIL TO OPPOSE THIS APPEAL, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.
Federal Courts Rules — Federal Courts Rules
THE APPELLANT APPEALS to the Federal Court of Appeal ( or Federal Court ) from the order of ( name of judge, officer or tribunal ) dated ( date ) by which ( details of order under appeal ).
Federal Courts Rules — Federal Courts Rules
THE APPELLANT ASKS that ( the relief sought ).
Federal Courts Rules — Federal Courts Rules
THE GROUNDS OF APPEAL are as follows: ( Set out the grounds of appeal, including a reference to any statutory provision or rule to be relied on. )
Federal Courts Rules — Federal Courts Rules
( If the appellant wishes a tribunal to forward material to the Registry, add the following paragraph: ) The appellant requests ( name of the tribunal ) to send a certified copy of the following material that is not in the possession of the appellant but is in the possession of the tribunal to the appellant and to the Registry: ( Specify the particular material. )
Federal Courts Rules — Federal Courts Rules
The appellant requests ( name of the tribunal ) to send a certified copy of the following material that is not in the possession of the appellant but is in the possession of the tribunal to the appellant and to the Registry: ( Specify the particular material. )
Federal Courts Rules — Federal Courts Rules
(under subsection 27(1.2) of the Federal Courts Act )
Federal Courts Rules — Federal Courts Rules
THIS APPEAL will be heard by the Federal Court of Appeal at a time and place to be fixed by the Judicial Administrator. Unless the court directs otherwise, the place of hearing will be as requested by the appellant. The appellant requests that this appeal be heard at ( place where Federal Court of Appeal ordinarily sits ).
Federal Courts Rules — Federal Courts Rules
IF YOU WISH TO OPPOSE THIS APPEAL, to receive notice of any step in the appeal or to be served with any documents in the appeal, you or a solicitor acting for you must prepare a notice of appearance in Form 341A prescribed by the Federal Courts Rules and serve it on the appellant’s solicitor or, if the appellant is self-represented, on the appellant, WITHIN 10 DAYS after served with this notice of appeal.
Federal Courts Rules — Federal Courts Rules
IF YOU INTEND TO SEEK A DIFFERENT DISPOSITION of the judgment appealed from, you must serve and file a notice of cross-appeal in Form 341B prescribed by the Federal Courts Rules instead of serving and filing a notice of appearance.
Federal Courts Rules — Federal Courts Rules
Copies of the Federal Courts Rules , information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-996-6795) or at any local office.
Federal Courts Rules — Federal Courts Rules
THE APPELLANT APPEALS to the Federal Court of Appeal from the judgment of the Tax Court of Canada dated ( date ) by which ( details of judgment under appeal ).
Federal Courts Rules — Federal Courts Rules
THE GROUNDS OF APPEAL are as follows: ( Set out the grounds of appeal, including those grounds set out in subsection 27(1.3) of the Federal Courts Act , reproduced below, which apply to the appeal. Also include a reference to any other statutory provision or rule to be relied on. ) ( Subsection 27(1.3) provides as follows: 27(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law. )
Federal Courts Rules — Federal Courts Rules
( Subsection 27(1.3) provides as follows: 27(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law. )
Federal Courts Rules — Federal Courts Rules
27(1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law. )
Federal Courts Rules — (a)
(a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
Federal Courts Rules — (b)
(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
Federal Courts Rules — (c)
(c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;
Federal Courts Rules — (d)
(d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
Federal Courts Rules — (e)
(e) acted, or failed to act, by reason of fraud or perjured evidence; or
Federal Courts Rules — (f)
(f) acted in any other way that was contrary to law. )
Federal Courts Rules — Federal Courts Rules
( If the appellant wishes the Tax Court of Canada to forward material to the Registry, add the following paragraph: ) The appellant requests that the Tax Court of Canada send a certified copy of the following material that is not in the possession of the appellant but is in the possession of that court to the appellant and to the Registry: ( Specify the particular material. )
Federal Courts Rules — Federal Courts Rules
The appellant requests that the Tax Court of Canada send a certified copy of the following material that is not in the possession of the appellant but is in the possession of that court to the appellant and to the Registry: ( Specify the particular material. )
Federal Courts Rules — Federal Courts Rules
The respondent intends to participate in this appeal.
Federal Courts Rules — Federal Courts Rules
THE RESPONDENT CROSS-APPEALS in this appeal and asks that the order be set aside and judgment granted as follows (or “that the order be varied as follows”, or as the case may be) : (Set out the relief sought.)
Federal Courts Rules — Federal Courts Rules
THE GROUNDS FOR THIS CROSS-APPEAL are as follows: (Set out the grounds of appeal, including a reference to any statutory provision or rule to be relied on.)
Federal Courts Rules — Federal Courts Rules
TO: (Name and address of appellant’s solicitor or appellant)
Federal Courts Rules — Federal Courts Rules
I, (name) , solicitor for the appellant (or appellant) , certify that the contents of the appeal book in this appeal are complete and legible.
Federal Courts Rules — Federal Courts Rules
THE APPELLANT ( or RESPONDENT, as the case may be ) REQUESTS that a date be set for the hearing of this appeal.
Federal Courts Rules — Federal Courts Rules
THE APPELLANT ( or RESPONDENT, as the case may be ) CONFIRMS THAT:
Federal Courts Rules — 1
1 The requirements of subsections 346(1) and (5) of the Federal Courts Rules have been complied with.
Federal Courts Rules — 2
2 A notice of constitutional question has been served in accordance with section 57 of the Federal Courts Act . ( or ) There is no requirement to serve a notice of constitutional question under section 57 of the Federal Courts Act in this appeal.
Federal Courts Rules — Federal Courts Rules
There is no requirement to serve a notice of constitutional question under section 57 of the Federal Courts Act in this appeal.
Federal Courts Rules — 5
5 The representatives of all parties to the appeal are as follows: (a) on behalf of the appellant: ( name of solicitor or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ) (b) on behalf of the respondent: ( name of solicitor or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ) (c) on behalf of the intervener: ( name of solicitor or party if self-represented ) who can be reached at: ( address and telephone and fax numbers ) ( If more than one appellant, respondent or intervener represented by different solicitors, list all. )
Federal Courts Rules — (a)
(a) on behalf of the appellant: ( name of solicitor or party if self-represented ) who can be reached at: ( address and telephone and fax numbers )
Federal Courts Rules — Federal Courts Rules
( If more than one appellant, respondent or intervener represented by different solicitors, list all. )
Federal Courts Rules — Federal Courts Rules
TO: ( Names and addresses of other solicitors or parties )
Federal Courts Rules — Federal Courts Rules
(Include one of the following introductory sentences, as applicable.)
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT (name of party) will make a motion to the Federal Court on (day) , (date) , at (time) or as soon thereafter as the motion can be heard, at (place) .
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT (name of party) will make a motion to the Federal Court under rule 369 of the Federal Courts Rules .
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT (name of party) will make a motion to the Federal Court of Appeal under rule 369.2 of the Federal Courts Rules .
Federal Courts Rules — Federal Courts Rules
THE MOTION IS FOR (the precise relief sought) .
Federal Courts Rules — Federal Courts Rules
THE GROUNDS FOR THE MOTION ARE (the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on) .
Federal Courts Rules — Federal Courts Rules
THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion: (affidavits or other documentary evidence to be relied on) .
Federal Courts Rules — Federal Courts Rules
TO: (Name and address of responding party’s solicitor or responding party)
Federal Courts Rules — Federal Courts Rules
The plaintiff (or as the case may be) wholly abandons the motion returnable (date) .
Federal Courts Rules — Federal Courts Rules
The plaintiff (or as the case may be) wholly abandons the motion in writing served and filed (date) .
Federal Courts Rules — Federal Courts Rules
TO: (Name and address of each solicitor or party served with the notice of motion)
Federal Courts Rules — Federal Courts Rules
IN THIS ACTION, MORE THAN 180 DAYS HAVE ELAPSED since the filing of the statement of claim and no statement of defence has been filed and no motion for default judgment is pending. ACCORDINGLY
Federal Courts Rules — Federal Courts Rules
IN THIS APPLICATION, MORE THAN 180 DAYS HAVE ELAPSED since the issuance of the notice of application and no requisition for a hearing date has been filed. ACCORDINGLY
Federal Courts Rules — Federal Courts Rules
THE PLAINTIFF (OR APPLICANT) IS REQUIRED TO SERVE AND FILE, within 15 days of the date of this notice, 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.
Federal Courts Rules — Federal Courts Rules
THE DEFENDANT (OR RESPONDENT) MAY SERVE AND FILE representations within seven days after being served with the representations of the plaintiff.
Federal Courts Rules — Federal Courts Rules
THE PLAINTIFF (OR APPLICANT) MAY SERVE AND FILE a reply within four days after being served with the representations of the defendant (or respondent).
Federal Courts Rules — Federal Courts Rules
IN THIS APPLICATION (OR APPEAL) MORE THAN 180 DAYS HAVE ELAPSED since the issuance of the notice of application (or appeal) and no requisition for a hearing date has been filed and (insert the party in default) is in default of . ACCORDINGLY
Federal Courts Rules — Federal Courts Rules
THE APPLICANT (OR APPELLANT) IS REQUIRED TO SERVE AND FILE, within 30 days after the issuance of this notice, 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.
Federal Courts Rules — Federal Courts Rules
THE RESPONDENT IS REQUIRED TO SERVE AND FILE, within 30 days after the issuance of this notice, 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.
Federal Courts Rules — Federal Courts Rules
THE OTHER PARTY MAY SERVE AND FILE representations within 10 days after being served with the representations of the party that is in default.
Federal Courts Rules — Federal Courts Rules
TAKE NOTICE THAT the parties have settled this proceeding (or the following issues in this proceeding:) .
Federal Courts Rules — Federal Courts Rules
To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be) :
Federal Courts Rules — Federal Courts Rules
Under an order of this Court made on (date) , in favour of (identify party) ,
Federal Courts Rules — (a)
YOU ARE DIRECTED to seize and sell the real property or immoveables and the personal property or movables within your jurisdiction of (full name of individual or corporation, etc.) and to realize from the seizure the following sums: (a) $ and interest at per cent per year beginning on (date) ; (b) $ for costs together with interest at per cent per year beginning on (date) ; and (c) your fees and expenses in enforcing this writ.
Federal Courts Rules — (a)
(a) $ and interest at per cent per year beginning on (date) ;
Federal Courts Rules — (b)
(b) $ for costs together with interest at per cent per year beginning on (date) ; and
Federal Courts Rules — (c)
(c) your fees and expenses in enforcing this writ.
Federal Courts Rules — Federal Courts Rules
YOU ARE DIRECTED to pay out the proceeds according to law and to report on the execution of this writ if required by the party or solicitor who filed it.
Federal Courts Rules — Federal Courts Rules
(Include the following sentence if validity of writ was extended under subsection 437(2) of the Federal Courts Rules .)
Federal Courts Rules — Federal Courts Rules
THE VALIDITY OF THIS WRIT WAS EXTENDED on (date) .
Federal Courts Rules — Federal Courts Rules
This writ was issued at the request of, and inquiries may be directed to:
Federal Courts Rules — Federal Courts Rules
To the Sheriff of the (County, Regional Municipality, etc. of (name), or as the case may be):
Federal Courts Rules — Federal Courts Rules
Under an order of this Court made on (date) , on the motion of (name of party who obtained order) , YOU ARE DIRECTED to take possession of and hold the following property in your jurisdiction of (name of person against whom order was made) : (Set out a description of the property.)
Federal Courts Rules — Federal Courts Rules
AND YOU ARE DIRECTED to collect and hold any income from the property until further order of this Court.
Federal Courts Rules — Federal Courts Rules
Under an order of this Court made on (date) , in favour of (name of party who obtained order) , YOU ARE DIRECTED to enter and take possession of the following immoveables or real property and premises in your jurisdiction: (Set out a description of the immoveables or real property and premises.)
Federal Courts Rules — Federal Courts Rules
AND YOU ARE DIRECTED to give possession of the above immoveables or real property and premises without delay to (name of party who obtained order) .