GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 254
Costs of medical examination 254 The Court may order that a party seeking an order under subsection 250(1) or rule 251 pay to the person to be examined or to a representative of the person appointed under rule 115 all necessary expenses of attending the examination.
Federal Courts Rules — 255
Request to admit fact or document 255 A party may, after pleadings have been closed, request that another party admit a fact or the authenticity of a document by serving a request to admit, in Form 255, on that party.
Federal Courts Rules — 256
Effect of request to admit 256 A party who is served with a request to admit is deemed to admit a fact or the authenticity of a document set out in the request to admit unless that party serves a response to the request in Form 256 within 20 days after its service and denies the admission, setting out the grounds for the denial.
Federal Courts Rules — 257
Settlement discussions 257 Within 60 days after the close of pleadings, the solicitors for the parties shall discuss the possibility of settling any or all of the issues in the action and of bringing a motion to refer any unsettled issues to a dispute resolution conference.
Federal Courts Rules — 258
Requisition for pre-trial conference 258 (1) After the close of pleadings, a party who is not in default under these Rules or under an order of the Court and who is ready for trial may serve and file a requisition for a pre-trial conference, accompanied by a pre-trial conference memorandum. Contents of requisition (2) A requisition for a pre-trial conference shall be in Form 258 and include a certification by the solicitor of record that (a) all examinations for discovery that the party intends to conduct have been completed; and (b) settlement discussions have taken place in accordance with rule 257. Contents of pre-trial conference memorandum (3) A pre-trial conference memorandum shall contain (a) a concise statement of the nature of the proceeding; (b) any admissions of the party; (c) the factual and legal contentions of the party; and (d) a statement of the issues to be determined at trial. Documents (4) A pre-trial conference memorandum shall be accompanied by a copy of all documents that are intended to be used at trial that may be of assistance at the pre-trial conference, including all affidavits or statements of expert witnesses. (5) [Repealed, SOR/2010-176, s. 4] SOR/2006-219, s. 2; SOR/2010-176, s. 4
Federal Courts Rules — 259
Time and place for pre-trial conference 259 On the filing of a requisition for a pre-trial conference, the Court shall fix a time, not more than 60 days thereafter, and place for the pre-trial conference.
Federal Courts Rules — 260
Participation at pre-trial conference 260 Unless the Court directs otherwise, the solicitors of record for the parties and the parties or their authorized representatives shall participate in a pre-trial conference.
Federal Courts Rules — 261
Notice of pre-trial conference 261 The Administrator shall serve a notice of pre-trial conference, in Form 261, on the parties at least 30 days before the date fixed for the conference.
Federal Courts Rules — 262
Pre-trial conference memoranda 262 (1) Every party, other than the party who filed the requisition for a pre-trial conference, shall serve and file a pre-trial conference memorandum within 30 days after being served with the requisition. Objection to expert (2) The pre-trial conference memorandum shall include any known objection to the requisitioning party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection. SOR/2006-219, s. 3; SOR/2010-176, s. 5
Federal Courts Rules — 263
Scope of pre-trial conference 263 Participants at a pre-trial conference must be prepared to address (a) the possibility of settlement of any or all of the issues in the action and of referring any unsettled issues to a dispute resolution conference; (b) simplification of the issues in the action; (c) any issues arising from any affidavits or statements of expert witnesses, including (i) any objection to an opposing party’s proposed expert witness that could disqualify the witness from testifying and the basis for the objection, (ii) any benefit to the litigation in ordering the experts to confer with one another in advance of trial in order to narrow the issues and identify the points on which their views differ, and (iii) the need for any additional or rebuttal expert witness evidence; (d) the possibility of obtaining admissions that may facilitate the trial; (e) the issue of liability; (f) the amount of damages, where damages are claimed; (g) the estimated duration of the trial; (h) the advisability of having the Court appoint an assessor; (i) the advisability of a reference; (j) suitable dates for a trial; (k) the necessity for interpreters or simultaneous interpretation at the trial; (l) whether a notice of a constitutional question needs to be served under section 57 of the Act; (m) the content of the trial record; and (n) any other matter that may promote the timely and just disposition of the action. SOR/2002-417, s. 15; SOR/2006-219, s. 4; SOR/2010-176, s. 6
Federal Courts Rules — 264
Trial date and place 264 If the date and place for trial have not already been fixed, the judge or associate judge who conducts the pre-trial conference shall do so as soon as practicable after the pre-trial conference. SOR/2021-151, s. 8 SOR/2025-232, s. 10
Federal Courts Rules — 265
Order 265 (1) At a pre-trial conference, (a) a judge may make any order respecting the conduct of the action; and (b) an associate judge may make any order respecting the conduct of the action other than an order under a motion referred to in any of paragraphs 50(1)(a) to (i). Service of expert’s affidavit or statement (2) If applicable, the order shall set out the time for service of any additional or rebuttal affidavits or statements of expert witnesses. SOR/2006-219, s. 5 SOR/2025-232, s. 10
Federal Courts Rules — 266
Pre-trial judge not to preside at trial 266 A judge or associate judge who conducts a pre-trial conference in an action shall not preside at the trial of the action unless all parties consent. SOR/2025-232, s. 10
Federal Courts Rules — 267
No disclosure to the Court 267 No communication shall be made to a judge or associate judge presiding at a trial or hearing, or on a motion or reference in an action, with respect to any statement made at a pre-trial conference, except as may be permitted in an order made at the conclusion of the pre-trial conference or as consented to by the parties. SOR/2025-232, s. 10
Federal Courts Rules — 268
Trial record 268 The plaintiff, or any other party so directed by the Court at a pre-trial conference, shall serve and file a trial record not later than 40 days before the date fixed for trial.
Federal Courts Rules — 269
Content of trial record 269 A trial record shall contain the pleadings, any particulars, all orders and directions respecting the trial and any other filed document that is necessary for the conduct of the trial.
Federal Courts Rules — 270
Scope of trial management conference 270 Notwithstanding rule 266, a judge or associate judge before whom an action has been set down for trial may, without being disqualified from presiding at the trial, hold a conference, either before or during the trial, to consider any matter that may assist in the just and timely disposition of the action. SOR/2025-232, s. 10
Federal Courts Rules — 271
Evidence taken out of court 271 (1) On motion, the Court may order the examination for trial of a person out of court. Considerations (2) In making an order under subsection (1), the Court may consider (a) the expected absence of the person at the time of trial; (b) the age or any infirmity of the person; (c) the distance the person resides from the place of trial; and (d) the expense of having the person attend at trial. Directions regarding taking evidence before trial (3) In an order under subsection (1), or on the subsequent motion of a party, the Court may give directions regarding the time, place, manner and costs of the examination, notice to be given to the person being examined and to other parties, the attendance of witnesses and the production of requested documents or material. Further examination (4) On motion, the Court may order the further examination, before the Court or before a person designated by the Court, of any witness examined under subsection (1), and if such an examination is not conducted, the Court may refuse to admit the evidence of that witness.
Federal Courts Rules — 272
Commission for examination outside Canada 272 (1) Where an examination under rule 271 is to be made outside Canada, the Court may order the issuance of a commission under the seal of the Court, letters rogatory, a letter of request or any other document necessary for the examination in Form 272A, 272B or 272C, as the case may be. Examination outside Canada (2) A person authorized under subsection (1) to take the examination of a witness in a jurisdiction outside Canada shall, unless the parties agree otherwise or the Court orders otherwise, take the examination in a manner that is binding on the witness under the law of that jurisdiction.
Federal Courts Rules — 273
Use of evidence at trial 273 Unless the Court orders otherwise, evidence obtained on an examination under subsection 271(1) or (4) may, without further proof, be used in evidence by any party.
Federal Courts Rules — 274
Order of presentation 274 (1) Subject to subsection (2), at the trial of an action, unless the Court directs otherwise, (a) the plaintiff shall make an opening address and then adduce evidence; (b) when the plaintiff’s evidence is concluded, the defendant shall make an opening address and then adduce evidence; and (c) when the defendant’s evidence is concluded, the plaintiff may adduce reply evidence. Multiple parties (2) Where the Court has made an order permitting two or more plaintiffs to put in separate cases, or where more than one defendant is separately represented, the order of presentation shall be as directed by the Court.
Federal Courts Rules — 275
Directions re proof or evidence 275 The Court may give directions at trial concerning the method of proving a fact or of adducing evidence.
Federal Courts Rules — 276
Exhibits 276 All exhibits adduced in evidence shall be marked and numbered.
Federal Courts Rules — 277
Inspection by Court 277 The Court may, in the presence of solicitors for the parties, inspect any place or thing in respect of which a question may arise at trial.
Federal Courts Rules — 278
Order of argument 278 (1) Unless the Court directs otherwise, the parties shall be heard in argument, after all parties have been given full opportunity to put in their respective cases, in the order in which they adduced evidence. Right of reply (2) A party shall have a right of reply to the arguments of adverse parties and, if the party raises a new point of law, an adverse party may answer on that point.
Federal Courts Rules — 279
Admissibility of expert’s evidence 279 Unless the Court orders otherwise, no expert witness’s evidence is admissible at the trial of an action in respect of any issue unless (a) the issue has been defined by the pleadings or in an order made under rule 265; (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served in accordance with subsection 258(1), rule 262 or an order made under rule 265; and (c) the expert witness is available at the trial for cross-examination. SOR/2006-219, s. 6; SOR/2010-176, s. 7
Federal Courts Rules — 280
Tendering of expert’s evidence at trial 280 (1) Unless the Court orders otherwise, evidence in chief of an expert witness may be tendered at trial by (a) the witness reading into evidence all or part of an affidavit or statement referred to in paragraph 279(b); and (b) the witness explaining any of the content of an affidavit or statement that has been read into evidence. Other evidence with leave (1.1) Despite subsection (1), an expert witness may tender other evidence in chief with leave of the Court. Affidavit taken as read (2) With leave of the Court, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness. Prohibition on pre-trial cross-examination (3) Except with leave of the Court, there shall be no cross-examination before trial on an affidavit or statement referred to in paragraph 279(b). SOR/2006-219, s. 7; SOR/2010-176, s. 8; SOR/2013-18, s. 6
Federal Courts Rules — 282
Examination of witnesses 282 (1) Unless the Court orders otherwise, witnesses at trial shall be examined orally and in open court. Witnesses to testify under oath (2) All witnesses shall testify under oath.
Federal Courts Rules — 282.1
Expert witness panel 282.1 The Court may require that some or all of the expert witnesses testify as a panel after the completion of the testimony of the non-expert witnesses of each party or at any other time that the Court may determine. SOR/2010-176, s. 9
Federal Courts Rules — 282.2
Testimony of panel members 282.2 (1) Expert witnesses shall give their views and may be directed to comment on the views of other panel members and to make concluding statements. With leave of the Court, they may pose questions to other panel members. Examination of panel members (2) On completion of the testimony of the panel, the panel members may be cross-examined and re-examined in the sequence directed by Court. SOR/2010-176, s. 9
Federal Courts Rules — 283
Interpreter 283 Rule 93 applies, with such modifications as are necessary, to the use of an interpreter at trial.
Federal Courts Rules — 284
Failure to appear 284 (1) Where on the day of a trial, a party who intends to call witnesses does not produce them or justify their absence, the Court may declare the party’s proof closed. Adjournment (2) Subject to subsection (3), where a party demonstrates due diligence and the Court is satisfied that an absent witness is necessary and that the absence of the witness is not due to any contrivance on the party’s part, the Court may adjourn the hearing. Avoidance of adjournment (3) An adverse party may require a party seeking an adjournment under subsection (2) to declare, or to produce some other person to declare, under oath the facts that, in the opinion of the party seeking the adjournment, the defaulting witness would have stated, and may avoid the adjournment by admitting the truth of those facts or that the witness would have stated those facts.
Federal Courts Rules — 285
Proof by affidavit 285 The Court may, at any time, order that any fact be proven by affidavit or that the affidavit of a witness be read at trial.
Federal Courts Rules — 286
Order re giving evidence 286 The Court may, before trial, order that evidence of any fact be given at the trial in such a manner as may be specified in the order, including (a) by statement on oath of information or belief; (b) by the production of documents or other material; (c) by the production of copies of documents; or (d) in the case of a fact that is or was a matter of common knowledge either generally or in a particular district, by the production of a specified publication containing a statement of that fact.
Federal Courts Rules — 287
Admissibility 287 Except with leave of the Court, no plan, photograph, model or other demonstrative evidence prepared or obtained for use at trial is admissible in evidence at trial, other than in the course of cross-examination, unless at least 30 days before the commencement of the trial all other parties have been given an opportunity to inspect it and consent to its admission without further proof.
Federal Courts Rules — 288
Reading in examination at trial 288 A party may introduce as its own evidence at trial any part of its examination for discovery of an adverse party or of a person examined on behalf of an adverse party, whether or not the adverse party or person has already testified.
Federal Courts Rules — 289
Qualifying answers 289 The Court may order a party who uses part of an examination for discovery as its own evidence to introduce into evidence any other part of the examination for discovery that the Court considers is so related that it ought not to be omitted.
Federal Courts Rules — 290
Unavailability of deponent 290 The Court may permit a party to use all or part of an examination for discovery of a person, other than a person examined under rule 238, as evidence at trial if (a) the person is unable to testify at the trial because of his or her illness, infirmity or death or because the person cannot be compelled to attend; and (b) his or her evidence cannot be obtained on commission.
Federal Courts Rules — 291
Use of examination to impeach credibility at trial 291 A party may use any part of its examination for discovery of a person as evidence to impeach the credibility of that person as a witness at trial only if the party first puts to the person the questions asked in that part of the examination.
Federal Courts Rules — 292
Where mandatory 292 Unless the Court orders otherwise, rules 294 to 299 apply to any action in which (a) each claim is exclusively for monetary relief in an amount not exceeding $100,000, exclusive of interest and costs; (b) in respect of an action in rem claiming monetary relief, no amount claimed, exclusive of interest and costs, exceeds $50,000; (c) the parties agree that the action is to be conducted as a simplified action; or (d) on motion, the Court orders that the action be conducted as a simplified action. SOR/2021-150, s. 7
Federal Courts Rules — 293
Cost consequences of improper avoidance of procedure 293 The Court may award costs against any party, including a party who is successful in an action, who it finds has exaggerated a claim, including a counterclaim or third party claim, merely to avoid the operation of rules 292 and 294 to 299.
Federal Courts Rules — 294
Style of cause 294 Every pleading in a simplified action shall be prefaced by the heading “Simplified Action”.
Federal Courts Rules — 295
List of documents 295 A party to a simplified action may serve, in lieu of an affidavit of documents, a complete list of all the documents in the party’s possession, power or control that are relevant to a matter in issue in the action.
Federal Courts Rules — 296
Limited examination for discovery 296 An examination for discovery in a simplified action shall be in writing only, and shall not exceed 50 questions.
Federal Courts Rules — 297
Motion for summary judgment or summary trial 297 No motion for summary judgment or summary trial may be brought in a simplified action. SOR/2009-331, s. 4
Federal Courts Rules — 298
Motions prior to pre-trial conference 298 (1) Subject to subsections (2) and (3), a motion in a simplified action shall be returnable only at a pre-trial conference conducted in accordance with rules 258 to 267. Exception (2) A motion may be brought, within the time set out in rule 204 for the service and filing of a statement of defence, (a) to object to the jurisdiction of the Court; or (b) to strike a statement of claim, on the ground that it discloses no reasonable cause of action. Exception (3) A motion may be brought at any time (a) to remove an action from the operation of rules 294 to 299; (b) for the release of arrested property in an action in rem ; or (c) for a default judgment. SOR/2002-417, s. 16
Federal Courts Rules — 299
Evidence adduced by affidavit 299 (1) In the trial of a simplified action, unless the Court directs otherwise, the evidence of each party shall be adduced by affidavit, which shall, subject to subsections (1.1) and (1.2), be served and filed (a) in the case of evidence of a plaintiff, at least 20 days before the trial; and (b) in the case of evidence of a defendant, at least 10 days before the trial. Admissibility of expert’s evidence (1.1) Unless the Court orders otherwise, no evidence in chief of an expert witness is admissible at the trial of an action in respect of any issue unless (a) the issue has been defined by the pleadings or in an order made under rule 265; (b) an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 60 days before the commencement of the trial; and (c) the expert witness is available at the trial for cross-examination. Admissibility of rebuttal evidence (1.2) Except with leave of the Court, no expert witness’s evidence to rebut evidence in an affidavit or statement served under paragraph (1.1)(b) is admissible unless an affidavit or statement of the expert witness prepared in accordance with rule 52.2 has been served on all other parties at least 30 days before the commencement of the trial. Witness to be made available (2) Unless all adverse parties agree otherwise, a witness whose affidavit evidence is tendered at trial shall be made available for cross-examination at trial. Reply evidence (3) Reply evidence, including that of an expert witness, may be provided orally at trial. SOR/2006-219, s. 9; SOR/2010-176, s. 10
Federal Courts Rules — 300
Application 300 This Part applies to (a) applications for judicial review of administrative action, including applications under section 18.1 or 28 of the Act, unless the Court directs under subsection 18.4(2) of the Act that the application be treated and proceeded with as an action; (b) proceedings required or permitted by or under an Act of Parliament to be brought by application, motion, originating notice of motion, originating summons or petition or to be determined in a summary way, other than applications under subsection 33(1) of the Marine Liability Act ; (c) [Repealed, SOR/2021-151, s. 9] (d) appeals under section 56 of the Trademarks Act ; (e) references from a tribunal under rule 320; (f) requests under the Commercial Arbitration Code brought pursuant to subsection 324(1); (g) proceedings transferred to the Court under subsection 3(3) or 5(3) of the Divorce Act ; and (h) applications for registration of a foreign judgment or recognition and enforcement of an arbitral award under rule 327. SOR/2002-417, s. 18(E); SOR/2004-283, s. 37 2014, c. 20, s. 366(E) SOR/2021-151, s. 9 SOR/2021-245, s. 2
Federal Courts Rules — 301
Contents of application 301 An application shall be commenced by a notice of application in Form 301, setting out (a) the name of the court to which the application is addressed; (b) the names of the applicant and respondent; (c) where the application is an application for judicial review, (i) the tribunal in respect of which the application is made, and (ii) the date and details of any order in respect of which judicial review is sought and the date on which it was first communicated to the applicant; (d) a precise statement of the relief sought; (e) 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; and (f) a list of the documentary evidence to be used at the hearing of the application. SOR/2004-283, s. 36
Federal Courts Rules — 302
Limited to single order 302 Unless the Court orders otherwise, an application for judicial review shall be limited to a single order in respect of which relief is sought.
Federal Courts Rules — 303
Respondents 303 (1) Subject to subsection (2), an applicant shall name as a respondent every person (a) directly affected by the order sought in the application, other than a tribunal in respect of which the application is brought; or (b) required to be named as a party under an Act of Parliament pursuant to which the application is brought. Application for judicial review (2) Where in an application for judicial review there are no persons that can be named under subsection (1), the applicant shall name the Attorney General of Canada as a respondent. Substitution for Attorney General (3) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent after having been named under subsection (2), the Court may substitute another person or body, including the tribunal in respect of which the application is made, as a respondent in the place of the Attorney General of Canada.