GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 89
Oral examination 89 (1) A party requesting an oral examination shall pay the fees and disbursements related to recording the examination in accordance with Tariff A. Examination in Canada (2) An oral examination that takes place in Canada shall be recorded by a person authorized to record examinations for discovery under the practice and procedure of a superior court in Canada. Examination outside Canada (3) An oral examination that takes place in a jurisdiction outside Canada shall be recorded by a person authorized to record (a) court proceedings in that jurisdiction; or (b) examinations for discovery under the practice and procedure of a superior court in Canada, if the parties consent. Examination to be recorded (4) A person who records an oral examination shall record it word for word, including any comment made by a solicitor, other than statements that the attending parties agree to exclude from the record.
Federal Courts Rules — 90
Place of oral examination 90 (1) Where a person to be examined on an oral examination resides in Canada and the person and the parties cannot agree on where to conduct the oral examination, it shall be conducted in the place closest to the person’s residence where a superior court sits. Person residing outside Canada (2) Where a person to be examined on an oral examination resides outside Canada, the time, place, manner and expenses of the oral examination shall be as agreed on by the person and the parties or, on motion, as ordered by the Court. Travel expenses (3) No person is required to attend an oral examination unless reasonable travel expenses have been paid or tendered to the person.
Federal Courts Rules — 91
Direction to attend 91 (1) A party who intends to conduct an oral examination shall serve a direction to attend, in Form 91, on the person to be examined and a copy thereof on every other party. Production for inspection at examination (2) A direction to attend may direct the person to be examined to produce for inspection at the examination (a) in respect of an examination for discovery, all documents and other material in the possession, power or control of the party on behalf of whom the person is being examined that are relevant to the matters in issue in the action; (b) in respect of the taking of evidence for use at trial, all documents and other material in that person’s possession, power or control that are relevant to the matters in issue in the action; (c) in respect of a cross-examination on an affidavit, all documents and other material in that person’s possession, power or control that are relevant to the application or motion; and (d) in respect of an examination in aid of execution, all documents and other material in that person’s possession, power or control that are relevant to the person’s ability to satisfy the judgment. Service of direction to attend (3) A direction to attend an oral examination shall be served (a) where the person to be examined is an adverse party, at least six days before the day of the proposed examination; (b) where the person to be examined is not a party to the proceeding, at least 10 days before the day of the proposed examination; or (c) where the person is to be cross-examined on an affidavit filed in support of a motion, at least 24 hours before the hearing of the motion.
Federal Courts Rules — 92
Swearing 92 A person to be examined on an oral examination shall be sworn before being examined.
Federal Courts Rules — 93
Examining party to provide interpreter 93 (1) Where a person to be examined on an oral examination understands neither French nor English or is deaf or mute, the examining party shall arrange for the attendance and pay the fees and disbursements of an independent and competent person to accurately interpret everything said during the examination, other than statements that the attending parties agree to exclude from the record. Administrator to provide interpreter (2) Where an interpreter is required because the examining party wishes to conduct an oral examination in one official language and the person to be examined wishes to be examined in the other official language, on the request of the examining party made at least six days before the examination, the Administrator shall arrange for the attendance and pay the fees and disbursements of an independent and competent interpreter. Oath of interpreter (3) Before aiding in the examination of a witness, an interpreter shall take an oath, in Form 93, as to the performance of his or her duties. SOR/2007-301, s. 3(E)
Federal Courts Rules — 94
Production of documents on examination 94 (1) Subject to subsection (2), a person who is to be examined on an oral examination or the party on whose behalf that person is being examined shall produce for inspection at the examination all documents and other material requested in the direction to attend that are within that person’s or party’s possession and control, other than any documents for which privilege has been claimed or for which relief from production has been granted under rule 230. Relief from production (2) On motion, the Court may order that a person to be examined or the party on whose behalf that person is being examined be relieved from the requirement to produce for inspection any document or other material requested in a direction to attend, if the Court is of the opinion that the document or other material requested is irrelevant or, by reason of its nature or the number of documents or amount of material requested, it would be unduly onerous to require the person or party to produce it.
Federal Courts Rules — 95
Objections 95 (1) A person who objects to a question that is asked in an oral examination shall briefly state the grounds for the objection for the record. Preliminary answer (2) A person may answer a question that was objected to in an oral examination subject to the right to have the propriety of the question determined, on motion, before the answer is used at trial.
Federal Courts Rules — 96
Improper conduct 96 (1) A person being examined may adjourn an oral examination and bring a motion for directions if the person believes that he or she is being subjected to an excessive number of questions or to improper questions, or that the examination is being conducted in bad faith or in an abusive manner. Adjournment to seek directions (2) A person conducting an oral examination may adjourn the examination and bring a motion for directions if the person believes answers to questions being provided are evasive or if the person being examined fails to produce a document or other material requested under rule 94. Sanctions (3) On a motion under subsection (1) or (2), the Court may sanction, through costs, a person whose conduct necessitated the motion or a person who unnecessarily adjourned the examination.
Federal Courts Rules — 97
Failure to attend or misconduct 97 Where a person fails to attend an oral examination or refuses to take an oath, answer a proper question, produce a document or other material required to be produced or comply with an order made under rule 96, the Court may (a) order the person to attend or re-attend, as the case may be, at his or her own expense; (b) order the person to answer a question that was improperly objected to and any proper question arising from the answer; (c) strike all or part of the person’s evidence, including an affidavit made by the person; (d) dismiss the proceeding or give judgment by default, as the case may be; or (e) order the person or the party on whose behalf the person is being examined to pay the costs of the examination.
Federal Courts Rules — 98
Contempt order 98 A person who does not comply with an order made under rule 96 or 97 may be found in contempt.
Federal Courts Rules — 99
Written examination 99 (1) A party who intends to examine a person by way of a written examination shall serve a list of concise, separately numbered questions in Form 99A for the person to answer. Objections (2) A person who objects to a question in a written examination may bring a motion to have the question struck out. Answers to written examination (3) A person examined by way of a written examination shall answer by way of an affidavit. Service of answers (4) An affidavit referred to in subsection (3) shall be in Form 99B and be served on every other party within 30 days after service of the written examination under subsection (1).
Federal Courts Rules — 100
Application of oral examination rules 100 Rules 94, 95, 97 and 98 apply to written examinations, with such modifications as are necessary.
Federal Courts Rules — 101
Joinder of claims 101 (1) Subject to rule 302, a party to a proceeding may request relief against another party to the same proceeding in respect of more than one claim. Separate capacity (2) A party may request relief in a separate capacity in respect of different claims in a single proceeding. Interest in all relief not essential (3) Not all parties to a proceeding need have an interest in all relief claimed in the proceeding.
Federal Courts Rules — 102
Multiple persons joined as parties 102 Two or more persons who are represented by the same solicitor may join in one proceeding as plaintiffs, applicants or appellants where (a) if separate proceedings were brought by each of them, a common question of law or fact would arise in all of the proceedings; or (b) the relief claimed, whether joint, several or alternative, arises from substantially the same facts or matter.
Federal Courts Rules — 103
Misjoinder and nonjoinder 103 (1) No proceeding shall be defeated by reason of the misjoinder or nonjoinder of a person or party. Issues to be determined (2) In a proceeding in which a proper person or party has not been joined, the Court shall determine the issues in dispute so far as they affect the rights and interests of the persons who are parties to the proceeding.
Federal Courts Rules — 104
Order for joinder or relief against joinder 104 (1) At any time, the Court may (a) order that a person who is not a proper or necessary party shall cease to be a party; or (b) order that a person who ought to have been joined as a party or whose presence before the Court is necessary to ensure that all matters in dispute in the proceeding may be effectually and completely determined be added as a party, but no person shall be added as a plaintiff or applicant without his or her consent, signified in writing or in such other manner as the Court may order. Directions (2) An order made under subsection (1) shall contain directions as to amendment of the originating document and any other pleadings.
Federal Courts Rules — 105
Consolidation of proceedings 105 The Court may order, in respect of two or more proceedings, (a) that they be consolidated, heard together or heard one immediately after the other; (b) that one proceeding be stayed until another proceeding is determined; or (c) that one of the proceedings be asserted as a counterclaim or cross-appeal in another proceeding.
Federal Courts Rules — 106
Separate determination of claims and issues 106 Where the hearing of two or more claims or parties in a single proceeding would cause undue complication or delay or would prejudice a party, the Court may order that (a) claims against one or more parties be pursued separately; (b) one or more claims be pursued separately; (c) a party be compensated for, or relieved from, attending any part of the proceeding in which the party does not have an interest; or (d) the proceeding against a party be stayed on condition that the party is bound by any findings against another party.
Federal Courts Rules — 107
Separate determination of issues 107 (1) The Court may, at any time, order the trial of an issue or that issues in a proceeding be determined separately. Court may stipulate procedure (2) In an order under subsection (1), the Court may give directions regarding the procedures to be followed, including those applicable to examinations for discovery and the discovery of documents.
Federal Courts Rules — 108
Interpleader 108 (1) Where two or more persons make conflicting claims against another person in respect of property in the possession of that person and that person (a) claims no interest in the property, and (b) is willing to deposit the property with the Court or dispose of it as the Court directs, that person may bring an ex parte motion for directions as to how the claims are to be decided. Directions (2) On a motion under subsection (1), the Court shall give directions regarding (a) notice to be given to possible claimants and advertising for claimants; (b) the time within which claimants shall be required to file their claims; and (c) the procedure to be followed in determining the rights of the claimants.
Federal Courts Rules — 109
Leave to intervene 109 (1) The Court may, on motion, grant leave to any person to intervene in a proceeding. Contents of notice of motion (2) Notice of a motion under subsection (1) shall (a) set out the full name and address of the proposed intervener and of any solicitor acting for the proposed intervener; and (b) describe how the proposed intervener wishes to participate in the proceeding and how that participation will assist the determination of a factual or legal issue related to the proceeding. Directions (3) In granting a motion under subsection (1), the Court shall give directions regarding (a) the service of documents; and (b) the role of the intervener, including costs, rights of appeal and any other matters relating to the procedure to be followed by the intervener.
Federal Courts Rules — 110
Notice to Attorney General 110 Where a question of general importance is raised in a proceeding, other than a question referred to in section 57 of the Act, (a) any party may serve notice of the question on the Attorney General of Canada and any attorney general of a province who may be interested; (b) the Court may direct the Administrator to bring the proceeding to the attention of the Attorney General of Canada and any attorney general of a province who may be interested; and (c) the Attorney General of Canada and the attorney general of a province may apply for leave to intervene.
Federal Courts Rules — 111
Unincorporated associations 111 A proceeding may be brought by or against an unincorporated association in the name of the association.
Federal Courts Rules — 111.1
Partnerships 111.1 A proceeding by or against two or more persons as partners may be brought in the name of the partnership. SOR/2002-417, s. 11
Federal Courts Rules — 111.2
Sole proprietorships 111.2 A proceeding by or against a person carrying on business as a sole proprietor may be brought in the name of the sole proprietorship. SOR/2002-417, s. 11
Federal Courts Rules — 112
Estates and trusts 112 (1) A proceeding may be brought by or against the trustees, executors or administrators of an estate or trust without joining the beneficiaries of the estate or trust. Order binding on beneficiaries (2) Unless the Court orders otherwise, beneficiaries of an estate or trust are bound by an order against the estate or trust.
Federal Courts Rules — 113
Where deceased has no representative 113 (1) Where a party to a proceeding is deceased and the estate of the deceased is not represented, the Court may appoint a person to represent the estate of the deceased or order that the proceeding continue without representation of the estate. Notice (2) Before making an order under subsection (1), the Court may require that notice be given to all persons who have an interest in the estate of the deceased.
Federal Courts Rules — 114
Representative proceedings 114 (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that (a) the issues asserted by or against the representative and the represented persons (i) are common issues of law and fact and there are no issues affecting only some of those persons, or (ii) relate to a collective interest shared by those persons; (b) the representative is authorized to act on behalf of the represented persons; (c) the representative can fairly and adequately represent the interests of the represented persons; and (d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding. Powers of the Court (2) At any time, the Court may (a) determine whether the conditions set out in subsection (1) are being satisfied; (b) require that notice be given, in a form and manner directed by it, to the represented persons; (c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and (d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately. Orders in representative proceeding (3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court. Approval of discontinuance or settlement (4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court. Style of cause (5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”. SOR/2007-301, s. 4
Federal Courts Rules — 115
Appointment of representatives 115 (1) The Court may appoint one or more persons to represent (a) unborn or unascertained persons who may have a present, future, contingent or other interest in a proceeding; or (b) a person under a legal disability against or by whom a proceeding is brought. Who may be appointed (2) The Court may appoint as a representative under subsection (1) (a) a person who has already been appointed as such a representative under the laws of a province; or (b) a person eligible to act as a representative in the jurisdiction in which the person to be represented is domiciled. Order binding on represented person (3) Unless the Court orders otherwise, a person for whom a representative is appointed under subsection (1) is bound by any order made in the proceeding.
Federal Courts Rules — 116
Proceeding not to terminate 116 A proceeding is not terminated only by reason that a party to a proceeding dies or becomes bankrupt or, in the case of a corporation, ceases to exist.
Federal Courts Rules — 117
Assignment, transmission or devolution of interest or liability 117 (1) Subject to subsection (2), where an interest of a party in, or the liability of a party under, a proceeding is assigned or transmitted to, or devolves upon, another person, the other person may, after serving and filing a notice and affidavit setting out the basis for the assignment, transmission or devolution, carry on the proceeding. Objection to person continuing (2) If a party to a proceeding objects to its continuance by a person referred to in subsection (1), the person seeking to continue the proceeding shall bring a motion for an order to be substituted for the original party. Court may give directions (3) In an order given under subsection (2), the Court may give directions as to the further conduct of the proceeding.
Federal Courts Rules — 118
Failure to continue 118 Where an interest of a party in, or the liability of a party under, a proceeding has been assigned or transmitted to, or devolves upon, a person and that person has not, within 30 days, served a notice and affidavit referred to in subsection 117(1) or obtained an order under subsection 117(2), any other party to the proceeding may bring a motion for default judgment or to have the proceeding dismissed.
Federal Courts Rules — 119
Individuals 119 (1) Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding. Limited-scope representation (2) Except in respect of a party referred to in rule 121, representation by a solicitor may be limited in scope to only those aspects of the proceeding that are within a solicitor’s mandate that is agreed to by the individual and the solicitor. SOR/2021-246, s. 3
Federal Courts Rules — 120
Corporations or unincorporated associations 120 A corporation, partnership or unincorporated association shall be represented by a solicitor in all proceedings, unless the Court in special circumstances grants leave to it to be represented by an officer, partner or member, as the case may be.
Federal Courts Rules — 121
Parties under legal disability or acting in representative capacity 121 Unless the Court in special circumstances orders otherwise, a party who is under a legal disability or who acts or seeks to act in a representative capacity, including in a representative proceeding or a class proceeding, shall be represented by a solicitor. SOR/2002-417, s. 13; SOR/2007-301, s. 5
Federal Courts Rules — 122
Rights and obligations 122 Subject to paragraphs 146(1)(b) and 152(2)(a) and unless the Court orders otherwise, (a) a party who is not represented by a solicitor, or a person who is authorized under rule 120 to represent a party, shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules; and (b) a party who is represented by a solicitor who is providing limited-scope representation shall do everything required, and may do anything permitted, to be done by a solicitor under these Rules in respect of those aspects of the proceeding that are not within the solicitor’s mandate. SOR/2021-246, s. 4
Federal Courts Rules — 123
Solicitor of record 123 (1) If a party takes a step in a proceeding by filing or serving a document signed by a solicitor, that solicitor is the solicitor of record for the party. Limited-scope representation (2) If a solicitor is providing limited-scope representation to a party, the solicitor is the solicitor of record only in respect of those aspects of the proceeding that are within the solicitor’s mandate. SOR/2021-246, s. 4
Federal Courts Rules — 124
Appointment, change and removal of solicitor of record 124 (1) Subject to subsections (2) and (3), a party may appoint a solicitor, or change or remove its solicitor of record, by serving and filing a notice in Form 124A, 124B or 124C, as the case may be. Limited-scope representation — notice of appointment (2) A party may appoint a solicitor to provide limited-scope representation by serving and filing a notice of limited-scope representation, in Form 124D, that is signed by the party and the solicitor and that sets out (a) the scope of the solicitor’s mandate; (b) whether it is the party or the solicitor who is to be served with documents relating to the mandate; and (c) if it is the solicitor who is to be served, the solicitor’s address for service. Limited-scope representation (3) However, with leave of the Court, a party may appoint a solicitor to provide limited-scope representation before serving and filing the notice referred to in subsection (2). Request for leave (4) The request for leave shall be made in open court by the solicitor and shall summarize the scope of their mandate. If the request is granted, the party shall file the notice referred to in subsection (2) within two days after the day on which leave is granted. Ceasing limited-scope representation (5) A solicitor who is providing limited-scope representation to a party may cease representation of the party by serving a notice to cease limited-scope representation, in Form 124E that is signed by the solicitor, on that party and all other parties to the proceeding and by filing the notice. SOR/2021-246, s. 4