GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 340
Solicitor of record and address for service 340 In an appeal from the Federal Court to the Federal Court of Appeal, the solicitor of record and the address for service of a party on the appeal shall be the same as they were in the first instance, unless the solicitor of record in the first instance provided limited-scope representation and they served and filed a notice under subsection 124(5). SOR/2004-283, s. 20 SOR/2021-246, s. 10
Federal Courts Rules — 341
Appearance or cross-appeal 341 (1) A respondent who intends to participate in an appeal shall, within 10 days after service of the notice of appeal, serve and file (a) a notice of appearance in Form 341A; or (b) where the respondent seeks a different disposition of the order appealed from, a notice of cross-appeal in Form 341B. Content of notice of cross-appeal (2) A notice of cross-appeal shall set out (a) a precise statement of the relief sought; and (b) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on. Leave for late cross-appeal (3) Where a respondent has not filed a notice of cross-appeal under subsection (1), the cross-appeal may not be heard without leave of the Court. SOR/2007-301, s. 12(F)
Federal Courts Rules — 342
Consolidation of appeals 342 (1) Unless the Court orders otherwise, where more than one party appeals from an order, all appeals shall be consolidated. Directions (2) The Court may give directions as to the procedure to be followed in a consolidation under subsection (1).
Federal Courts Rules — 343
Agreement re appeal book 343 (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file a copy of that agreement. Limitation (2) The parties shall include in an appeal book only such documents, exhibits and transcripts as are required to dispose of the issues on appeal. Motion to determine content of appeal book (3) If an agreement is not reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiry of that period, bring a motion in accordance with rule 369 or 369.2, as the case may be, requesting that the Court determine the content of the appeal book. Order for transcripts or reproductions (4) Where a transcript or the reproduction of exhibits is required, the appellant shall order it and shall file proof of the order within 10 days after filing an agreement under subsection (1) or obtaining an order under subsection (3). Preparation of appeal book (5) The appeal book shall be prepared by the appellant forthwith unless, on the motion of the appellant, the Court orders the Administrator to prepare an appeal book on the appellant’s behalf from documents provided by the appellant. SOR/2015-21, s. 20 SOR/2021-244, s. 11
Federal Courts Rules — 344
Content of appeal book 344 (1) An appeal book shall contain, on consecutively numbered pages and in the following order, (a) a table of contents describing each document; (b) the notice of appeal and any notice of cross-appeal; (c) the order appealed from, as signed and entered, and any reasons, including dissenting reasons, given in respect of that order; (d) the originating document, any other pleadings and any other document in the first instance that defines the issues in the appeal; (e) subject to subsection (2), all documents, exhibits and transcripts agreed on under subsection 343(1) or ordered to be included on a motion under subsection 343(3); (f) any order made in respect of the conduct of the appeal; (g) any other document relevant to the appeal; (h) an agreement reached under subsection 343(1) as to the contents of the appeal book or an order made under subsection 343(3); and (i) a certificate in Form 344, signed by the appellant’s solicitor, stating that the contents of the appeal book are complete and legible. Colour of cover (1.1) An appeal book that is filed in paper copy shall have a grey cover. Transcripts separate (2) Transcripts may be reproduced in a separate document. SOR/2006-219, s. 13; SOR/2015-21, s. 21
Federal Courts Rules — 345
Appeal book 345 (1) An appellant shall serve and file the appeal book within 30 days after the day on which a copy of an agreement under subsection 343(1) is filed or an order under subsection 343(3) is obtained. Number of copies (2) The appellant shall file (a) if the appeal is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of the book; and (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of the book. SOR/2004-283, ss. 32, 33; SOR/2015-21, s. 22 SOR/2021-151, s. 14
Federal Courts Rules — 346
Appellant’s memorandum 346 (1) Within 30 days after filing an appeal book, the appellant shall serve and file a memorandum of fact and law. Respondent’s memorandum (2) Within 30 days after service of the appellant’s memorandum of fact and law, the respondent shall serve and file the respondent’s memorandum of fact and law. Where cross-appeal filed (3) Where a respondent has served a notice of cross-appeal under rule 341, (a) the respondent shall serve and file a memorandum of fact and law as appellant by cross-appeal, either separate from or as part of the respondent’s memorandum of fact and law, within the time set out in subsection (2); and (b) the appellant shall serve and file a memorandum of fact and law as respondent to cross-appeal, within 30 days after service of the respondent’s memorandum of fact and law. Colour of memorandum (4) A memorandum of fact and law that is in paper copy shall have (a) in the case of the appellant’s memorandum, a beige cover; (b) in the case of the respondent’s memorandum, a green cover; and (c) in the case of an intervener’s memorandum, a blue cover. Number of memoranda to be filed (5) Memoranda of fact and law shall be filed in the same number as are appeal books. SOR/2015-21, s. 23 SOR/2021-151, s. 15
Federal Courts Rules — 347
Requisition for hearing 347 (1) Within 20 days after service of the respondent’s memorandum of fact and law or 20 days after the expiration of the time for service of the respondent’s memorandum of fact and law, whichever is the earlier, an appellant shall serve and file a requisition in Form 347 requesting that a date be set for the hearing of the appeal. Default by appellant (2) Where an appellant fails to comply with subsection (1), a respondent may, in lieu of bringing a motion under rule 167, serve and file a requisition in Form 347 to request that a date be set for the hearing of the appeal. Content of requisition (3) A requisition referred to in subsection (1) shall (a) include a statement that the requirements of subsections 346(1) and (5) have been satisfied and that any notice required under section 57 of the Act has been given; (b) set out the location at which the hearing should be held; (c) set out the maximum number of hours or days required for the hearing; (d) list any dates within the following 90 days on which the parties are not available for a hearing; (e) set out the name, address, telephone number and fax number of the solicitor for every party to the appeal or, where a party is not represented by a solicitor, the person’s name, address, telephone number and any fax number; and (f) indicate whether the hearing will be in English or French, or partly in English and partly in French, and whether the materials in the requisition for hearing file will be in English or French, or partly in English and partly in French. SOR/2002-417, s. 20(E) SOR/2021-151, s. 16
Federal Courts Rules — 348
Joint book 348 (1) Within the time for serving and filing the requisition for the hearing set out in subsection 347(1), the parties shall file (a) if the appeal is brought in the Federal Court, an electronic copy of or, subject to rule 72.4, three paper copies of a joint book of statutes, regulations and authorities; and (b) if the appeal is brought in the Federal Court of Appeal, an electronic copy of or, subject to rule 72.4, five paper copies of a joint book of statutes, regulations and authorities. Separate books (2) If the parties cannot agree on a joint book of statutes, regulations and authorities, they shall each file a separate book, without reproducing documents that are included in the book of another party. Enactments in both official languages (3) Extracts of federal statutes and regulations in a book of statutes, regulations and authorities shall be reproduced in both official languages. Reasons for judgment (3.1) In respect of any reasons for judgment, a book of statutes, regulations and 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. Colour of cover (4) A book of statutes, regulations and authorities that is in paper copy shall have (a) if the book is filed jointly, a burgundy cover; and (b) if the book is filed separately, a cover that is the same colour as the filing party’s memorandum of fact and law. SOR/2004-283, ss. 32, 33; SOR/2015-21, s. 24 SOR/2021-150, s. 10 SOR/2021-151, s. 17
Federal Courts Rules — 348.1
Copies and content 348.1 A party may file five paper copies of a condensed book that contains the extracts from the appeal book and the book of statutes, regulations and authorities that the party will refer to in oral argument. SOR/2021-150, s. 11
Federal Courts Rules — 349
Consent to reversal or variation of judgment 349 (1) A respondent may consent to the reversal or variation of an order appealed from by serving and filing a notice to that effect. Judgment on consent (2) The Court may pronounce judgment in accordance with a notice filed under subsection (1) if the resultant judgment is one that could have been given on consent.
Federal Courts Rules — 350
Material in possession of a tribunal 350 Rules 317 to 319 apply to appeals and motions for leave to appeal, with such modifications as are necessary.
Federal Courts Rules — 351
New evidence on appeal 351 In special circumstances, the Court may grant leave to a party to present evidence on a question of fact.
Federal Courts Rules — 352
Leave to appeal 352 (1) Unless the Court orders otherwise, where leave to appeal is required, it shall be obtained on a motion brought in writing. Respondents and service (2) On a motion under subsection (1) the moving party shall name as respondents all persons referred to in rule 338 and personally serve all persons referred to in rule 339.
Federal Courts Rules — 353
Motion record 353 (1) Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve the motion record and file an electronic copy of or, subject to rule 72.4, three paper copies of that record. Content of motion record (2) A motion record referred to in subsection (1) shall contain, on consecutively numbered pages and in the following order, (a) the order in respect of which leave to appeal is sought and any reasons, including dissenting reasons, given in respect of that order; (b) the pleadings and any other material that is necessary for the hearing of the motion; (c) an affidavit that sets out any facts relied on in the motion that do not appear on the Court file; and (d) a memorandum of fact and law. SOR/2006-219, s. 14; SOR/2015-21, s. 25 SOR/2021-151, s. 18
Federal Courts Rules — 354
Respondent’s memorandum of fact and law 354 Unless the Court orders otherwise, a respondent to a motion for leave to appeal shall serve a memorandum of fact and law and any supporting affidavits and file an electronic copy of or, subject to rule 72.4, three paper copies of each of them no later than 20 days after the day on which the motion record is served. SOR/2015-21, s. 26 SOR/2021-151, s. 19
Federal Courts Rules — 355
Reply 355 Unless the Court orders otherwise, a party bringing a motion for leave to appeal shall serve any reply to the respondent’s memorandum of fact and law and file an electronic copy of or, subject to rule 72.4, three paper copies of the reply no later than 10 days after the day on which it is served. SOR/2015-21, s. 26 SOR/2021-151, s. 19
Federal Courts Rules — 356
Disposition of motion 356 On the filing of a reply under rule 355 or the expiration of the period allowed for a reply, the Court may dispose in writing of a motion for leave to appeal.
Federal Courts Rules — 357
Motion for leave to appeal to Supreme Court 357 (1) Notwithstanding rule 352, where a judgment of the Federal Court of Appeal is delivered from the bench, a motion under section 37.1 of the Supreme Court Act for leave to appeal from the judgment to the Supreme Court of Canada may be made at the time the judgment is delivered and without prior notice. Grounds for motion for leave (2) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall, unless the Court permits otherwise, be argued on the case, and on the reasons for judgment, from which leave to appeal is sought. Number of judges (3) A motion for leave to appeal under section 37.1 of the Supreme Court Act shall be heard before not fewer than three judges, who need not be the judges who heard the matter under appeal. SOR/2004-283, ss. 21(F), 32
Federal Courts Rules — 358
Application 358 This Part applies to motions other than motions for leave to appeal under Part 6.
Federal Courts Rules — 359
Notice of motion 359 Except with leave of the Court, a motion shall be initiated by a notice of motion, in Form 359, setting out (a) in respect of a motion other than one brought under rule 369 or 369.2, the time, place and estimated duration of the hearing of the motion; (b) the relief sought; (c) the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on; and (d) a list of the documents or other material to be used for the purposes of the motion. SOR/2021-244, s. 12
Federal Courts Rules — 360
Return of motion 360 A notice of motion shall not be filed unless it is made returnable (a) at sittings fixed under rule 34; (b) at a time and place appointed under subsection 35(2); or (c) in accordance with rule 369 or 369.2, as the case may be. SOR/2021-244, s. 13
Federal Courts Rules — 361
Service on ex parte motion 361 Notwithstanding rules 362, 364, 367 and 370, a party bringing an ex parte motion need not comply with the service requirements set out in those rules.
Federal Courts Rules — 362
Service and filing of notice 362 (1) Subject to subsection (2), on a motion other than a motion under rule 369, a notice of motion and any affidavit required under rule 363 shall be served and filed at least three days before the day set out in the notice for the hearing of the motion. Motion on less than three days notice (2) The Court may hear the motion on less than three days’ notice (a) where the motion is made on notice, if all parties consent; or (b) in any case, if the moving party satisfies the Court of the urgency of the motion. SOR/2013-18, s. 11
Federal Courts Rules — 363
Evidence on motion 363 A party to a motion shall set out in an affidavit any facts to be relied on by that party in the motion that do not appear on the Court file. SOR/2002-417, s. 21(F) SOR/2021-244, s. 14(F)
Federal Courts Rules — 364
Motion record 364 (1) Unless the Court orders otherwise, a person bringing a motion shall serve a motion record and file an electronic copy of or, subject to rule 72.4, three paper copies of that record. Contents of motion record (2) A moving party’s motion record shall contain, on consecutively numbered pages arranged in the following order, (a) a table of contents; (b) the notice of motion; (c) all affidavits and other material served by the moving party for use on the motion; (d) subject to rule 368, the portions of any transcripts on which the moving party intends to rely; (e) subject to rule 366, written representations; and (f) any other filed material that is necessary for the purposes of the motion. Service and filing of motion record (3) Subject to subsections 51(2), 163(2) and 213(3), on a motion other than a motion under rule 369, the motion record shall be served and filed at least three days before the day set out in the notice of motion for the hearing of the motion. SOR/2009-331, s. 5; SOR/2013-18, s. 12; SOR/2015-21, s. 27 SOR/2021-151, s. 20 SOR/2021-244, s. 15
Federal Courts Rules — 365
Respondent’s motion record 365 (1) A respondent to a motion shall serve a respondent’s motion record and file one electronic copy or, subject to Rule 72.4, three paper copies of the record no later than (a) in the case of a motion brought in the Federal Court, and subject to subsections 213(4) and 369(2), 2:00 p.m. on the day that is two days before the day fixed for the hearing of the motion; and (b) in the case of a motion brought in the Federal Court of Appeal, 10 days after the day on which they are served with the moving party’s motion record. Contents of motion record (2) The motion record of a respondent to a motion shall contain, on consecutively numbered pages and in the following order, (a) a table of contents; (b) all affidavits and other material to be used by the respondent on the motion that is not included in the moving party’s motion record; (c) subject to rule 368, the portions of any transcripts on which the respondent intends to rely; (d) subject to rule 366, written representations; and (e) any other filed material not contained in the moving party’s motion record that is necessary for the purposes of the motion. SOR/2009-331, s. 6; SOR/2013-18, s. 13; SOR/2015-21, s. 28 SOR/2021-151, s. 21 SOR/2021-244, s. 16
Federal Courts Rules — 366
Memorandum of fact and law required 366 On a motion for summary judgment or summary trial, for an interlocutory injunction, for the determination of a question of law or for the certification of a proceeding as a class proceeding, or if the Court so orders, a motion record shall contain a memorandum of fact and law instead of written representations. SOR/2002-417, s. 22; SOR/2007-301, s. 8; SOR/2009-331, s. 7
Federal Courts Rules — 367
Documents filed as part of motion record 367 A notice of motion or any affidavit required to be filed by a party to a motion may be served and filed as part of the party’s motion record and need not be served and filed separately.
Federal Courts Rules — 368
Transcripts of cross-examinations 368 Transcripts of all cross-examinations on affidavits on a motion shall be filed before the hearing of the motion.
Federal Courts Rules — 369
Motions in writing 369 (1) A party may, in a notice of motion, request that the motion be decided on the basis of written representations. Request for oral hearing (2) A respondent to a motion brought in accordance with subsection (1) shall serve and file a respondent’s record within 10 days after being served under rule 364 and, if the respondent objects to disposition of the motion in writing, indicate in its written representations or memorandum of fact and law the reasons why the motion should not be disposed of in writing. Reply (3) A moving party may serve and file written representations in reply within four days after being served with a respondent’s record under subsection (2). Disposition of motion (4) On the filing of a reply under subsection (3) or on the expiration of the period allowed for a reply, the Court may dispose of a motion in writing or fix a time and place for an oral hearing of the motion.
Federal Courts Rules — 369.1
Motions in the Federal Court of Appeal 369.1 Rule 362, subsection 364(3) and rules 366 to 369 do not apply to a motion that is brought in the Federal Court of Appeal. SOR/2021-244, s. 17
Federal Courts Rules — 369.2
Written representations only — Federal Court of Appeal 369.2 (1) Unless otherwise ordered by the Court and subject to subsection (2), all motions brought in the Federal Court of Appeal shall be decided on the basis of written representations. Request for oral hearing (2) A party to a motion may make a written request that the motion be heard orally. The request, together with the reasons why the motion should be heard orally, shall be attached as a separate page at the end of the party’s motion record. Reply by moving party (3) Unless the motion is to be heard orally, the moving party may serve and file written representations in reply within four days after the day on which they are served with the respondent’s motion record. SOR/2021-244, s. 17
Federal Courts Rules — 370
Abandonment of motion 370 (1) A party who brings a motion may abandon it by serving and filing a notice of abandonment in Form 370. Deemed abandonment (2) Where a moving party fails to appear at the hearing of a motion without serving and filing a notice of abandonment, it is deemed to have abandoned the motion.
Federal Courts Rules — 371
Testimony regarding issue of fact 371 On motion, the Court may, in special circumstances, authorize a witness to testify in court in relation to an issue of fact raised on a motion.
Federal Courts Rules — 372
Motion before proceeding commenced 372 (1) A motion under this Part may not be brought before the commencement of a proceeding except in a case of urgency. Undertaking to commence proceeding (2) A party bringing a motion before the commencement of a proceeding shall undertake to commence the proceeding within the time fixed by the Court.
Federal Courts Rules — 373
Availability 373 (1) On motion, a judge may grant an interlocutory injunction. Undertaking to abide by order (2) Unless a judge orders otherwise, a party bringing a motion for an interlocutory injunction shall undertake to abide by any order concerning damages caused by the granting or extension of the injunction. Expedited hearing (3) Where it appears to a judge that the issues in a motion for an interlocutory injunction should be decided by an expedited hearing of the proceeding, the judge may make an order under rule 385. Evidence at hearing (4) A judge may order that any evidence submitted at the hearing of a motion for an interlocutory injunction shall be considered as evidence submitted at the hearing of the proceeding.
Federal Courts Rules — 374
Interim injunction 374 (1) A judge may grant an interim injunction on an ex parte motion for a period of not more than 14 days where the judge is satisfied (a) in a case of urgency, that no notice is possible; or (b) that to give notice would defeat the purpose of the motion. Extension (2) A motion to extend an interim injunction that was granted on an ex parte motion may be brought only on notice to every party affected by the injunction, unless the moving party can demonstrate that a party has been evading service or that there are other sufficient reasons to extend the interim injunction without notice to the party. Limitation (3) Where a motion to extend an interim injunction under subsection (2) is brought ex parte , the extension may be granted for a further period of not more than 14 days.
Federal Courts Rules — 375
Motion to appoint receiver 375 (1) On motion, a judge may appoint a receiver in any proceeding. Remuneration and security (2) An order under subsection (1) shall set out the remuneration to be paid to, and the amount of security to be given by, the receiver.
Federal Courts Rules — 376
Approval of receiver’s accounts 376 A receiver appointed under rule 375 shall, by motion to the Court, seek approval of the receiver’s accounts on an annual basis.
Federal Courts Rules — 377
Motion for order in respect of property 377 (1) On motion, the Court may make an order for the custody or preservation of property that is, or will be, the subject-matter of a proceeding or as to which a question may arise therein. Interim order (2) Rule 374 applies to interim orders for the custody or preservation of property referred to in subsection (1), with such modifications as the circumstances require.