GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 163
Appeal of referee’s findings 163 (1) A party may appeal the findings of a report of a referee who is not a judge on motion to the court that ordered the reference. Service of appeal (2) Notice of a motion under subsection (1) shall be served and filed within 30 days after filing of the report of a referee and at least 10 days before the day fixed for hearing of the motion. Powers of Court on appeal (3) On an appeal under subsection (1), the Court may confirm, vary or reverse the findings of the report and deliver judgment or refer it back to the referee, or to another referee, for further inquiry and report. SOR/2004-283, s. 15
Federal Courts Rules — 164
Report final if not appealed 164 (1) The report of a referee who is not a judge that is not appealed becomes final 30 days after it is filed. Final report deemed judgment of Court (2) A report of a referee, once final, becomes a judgment of the Court.
Federal Courts Rules — 165
Discontinuances 165 A party may discontinue all or part of a proceeding by serving and filing a notice of discontinuance.
Federal Courts Rules — 166
Notice of discontinuance 166 A party shall file a declaration of settlement or a notice of discontinuance in Form 166 in a proceeding that has been concluded other than by a judgment or discontinuance on consent.
Federal Courts Rules — 167
Dismissal for delay 167 The Court may, at any time, on the motion of a party who is not in default of any requirement of these Rules, dismiss a proceeding or impose other sanctions on the ground that there has been undue delay by a plaintiff, applicant or appellant in prosecuting the proceeding.
Federal Courts Rules — 168
Dismissal where continuation impossible 168 Where following an order of the Court it is not possible to continue a proceeding, the Court may dismiss the proceeding.
Federal Courts Rules — 169
Application 169 This Part applies to all proceedings that are not applications or appeals, including (a) [Repealed, SOR/2021-151, s. 7] (b) applications under subsection 33(1) of the Marine Liability Act ; and (c) any other proceedings required or permitted by or under an Act of Parliament to be brought as an action. SOR/2004-283, s. 37 SOR/2021-151, s. 7
Federal Courts Rules — 170
Rules applicable to counterclaims and third parties 170 Except as provided in rules 189 to 199, the rules in this Part applicable to plaintiffs and defendants apply, with such modifications as are necessary, to parties bringing or defending counterclaims and third party claims.
Federal Courts Rules — 171
Pleadings 171 The following pleadings may be filed: (a) in respect of an action, (i) a statement of claim, in Form 171A, (ii) a statement of defence, in Form 171B, and (iii) a reply, in Form 171C; (b) in respect of a counterclaim, (i) a counterclaim, in Form 171D or 171E,, (ii) a defence to counterclaim, in Form 171F, and (iii) a reply to a defence to counterclaim, in Form 171G; and (c) in respect of a third party claim, (i) a third party claim, in Form 171H or 171I, (ii) a third party defence, in Form 171J, and (iii) a reply to a third party defence, in Form 171K.
Federal Courts Rules — 172
Pleading after a reply 172 No pleading may be filed after a reply without leave of the Court.
Federal Courts Rules — 173
Form of pleadings 173 (1) Pleadings shall be divided into consecutively numbered paragraphs. Allegations set out separately (2) Every allegation in a pleading shall, as far as is practicable, be set out in a separate paragraph.
Federal Courts Rules — 174
Material facts 174 Every pleading shall contain a concise statement of the material facts on which the party relies, but shall not include evidence by which those facts are to be proved.
Federal Courts Rules — 175
Pleading law 175 A party may raise any point of law in a pleading.
Federal Courts Rules — 176
Conditions precedent 176 (1) The performance or occurrence of a condition precedent to the assertion of a claim or defence need not be pleaded. Contesting condition precedent (2) The non-performance or non-occurrence of a condition precedent shall be pleaded.
Federal Courts Rules — 177
Documents or conversations 177 A pleading shall briefly describe any document or conversation referred to in the pleading, but need not set out the exact words of the document or conversation unless the words are themselves material.
Federal Courts Rules — 178
Alternative claims or defences 178 A party may plead claims or defences in the alternative.
Federal Courts Rules — 179
Subsequent facts 179 A party may plead a fact that occurs after the commencement of an action, even though the fact gives rise to a new claim or defence.
Federal Courts Rules — 180
Inconsistent pleading 180 A party may plead an allegation of fact, or raise a new ground of claim in a pleading, that is inconsistent with a previous pleading only if the party amends the previous pleading accordingly.
Federal Courts Rules — 181
Particulars 181 (1) A pleading shall contain particulars of every allegation contained therein, including (a) particulars of any alleged misrepresentation, fraud, breach of trust, wilful default or undue influence; and (b) particulars of any alleged state of mind of a person, including any alleged mental disorder or disability, malice or fraudulent intention. Further and better particulars (2) On motion, the Court may order a party to serve and file further and better particulars of any allegation in its pleading
Federal Courts Rules — 182
Claims to be specified 182 Every statement of claim, counterclaim and third party claim shall specify (a) the nature of any damages claimed; (b) where monetary relief is claimed, whether the amount claimed, exclusive of interest and costs, exceeds $50,000; (c) the value of any property sought to be recovered; (d) any other specific relief being claimed, other than costs; and (e) whether the action is being proceeded with as a simplified action.
Federal Courts Rules — 183
Admissions 183 In a defence or subsequent pleading, a party shall (a) admit every allegation of material fact in the pleadings of every adverse party that is not disputed; (b) where it is intended to prove a version of facts that differs from that relied on by an adverse party, plead that version of the facts; and (c) plead any matter or fact that (i) might defeat a claim or defence of an adverse party, or (ii) might take an adverse party by surprise if it were not pleaded.
Federal Courts Rules — 184
Deemed denial 184 (1) All allegations of fact in a pleading that are not admitted are deemed to be denied. Proof not required (2) Unless denied by an adverse party, it is not necessary that a party prove (a) its right to claim in a representative capacity; or (b) its constitution as a partnership, association or corporation.
Federal Courts Rules — 185
Effect of denial 185 Where a party alleges an agreement in a pleading, a bare denial of the agreement pleaded by another party shall be construed only as a denial of the making of the agreement or of the facts from which such an agreement may be implied and not as a denial of the legality or legal sufficiency of the agreement.
Federal Courts Rules — 186
Set-off 186 Where a claim to a sum of money, including a sum that is not ascertained, is relied on as a defence to all or part of a claim made by an adverse party, it may be included in a defence as a set-off against the claim, whether or not it is also added as a counterclaim.
Federal Courts Rules — 187
Judgment for balance 187 Where judgments in an action and in a counterclaim are given at the same time, the Court may set off the amount of one award against the other, without prejudice as to costs.
Federal Courts Rules — 188
Defence of tender 188 Subject to section 31.2 of the Crown Liability and Proceedings Act , a defence of tender before action may not be pleaded unless the defendant has paid into court the amount alleged to have been tendered.
Federal Courts Rules — 189
When available 189 (1) A defendant who claims to be entitled to relief against a plaintiff may make a counterclaim instead of bringing a separate action. Statement of defence and counterclaim (2) A counterclaim shall be included in the same document as the statement of defence. Style of cause (3) A statement of defence and counterclaim shall contain a second style of cause identifying the plaintiff by counterclaim and the defendants to the counterclaim.
Federal Courts Rules — 190
Counterclaim may proceed independently 190 A counterclaim may be proceeded with notwithstanding that judgment is given in the action or that the action is stayed or discontinued.
Federal Courts Rules — 191
Counterclaim against person not already a party 191 (1) Where a defendant who counterclaims alleges that a person who is not a party to the action is liable to the defendant along with the plaintiff in respect of the subject-matter of the counterclaim, the defendant may join that person as a defendant to the counterclaim. When counterclaim to be issued (2) Where a defendant adds a person who is not already a party as a defendant to a counterclaim, the defendant’s statement of defence and counterclaim shall be (a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and (b) served on the person and on the other parties within 30 days after it is issued.
Federal Courts Rules — 192
Defence to counterclaim 192 (1) A defendant to a counterclaim who is already a party to the action shall defend the counterclaim by serving and filing a defence to counterclaim within 30 days after service of the statement of defence and counterclaim. Reply and defence to counterclaim (2) A reply and a defence to counterclaim by a plaintiff against whom a counterclaim has been made shall be included in the same document.
Federal Courts Rules — 193
Availability as of right 193 A defendant may commence a third party claim against a co-defendant, or against a person who is not a party to the action, who the defendant claims is or may be liable to the defendant for all or part of the plaintiff’s claim.
Federal Courts Rules — 194
Where leave of Court required 194 With leave of the Court, a defendant may commence a third party claim against a co-defendant, or against another person who is not a defendant to the action, who the defendant claims (a) is or may be liable to the defendant for relief, other than that referred to in rule 193, relating to the subject-matter of the action; or (b) should be bound by the determination of an issue between the plaintiff and the defendant.
Federal Courts Rules — 195
Time for third party claim 195 A third party claim against a co-defendant shall be served and filed within 10 days after the filing of the statement of defence.
Federal Courts Rules — 196
Third party claim against non-defendant 196 (1) A third party claim against a person who is not already a party to the action shall be (a) issued within the time set out in rule 204 for the service and filing of a statement of defence; and (b) served within 30 days after it is issued. Copy of pleadings (2) A third party claim served on a person who is not already a party to the action shall be accompanied by a copy of all pleadings filed in the action.
Federal Courts Rules — 197
Time for defence to third party claim 197 (1) A third party shall defend the plaintiff’s claim against the defendant by filing a statement of defence within the time set out in rule 204. Rights and obligations of third party (2) A third party defending the plaintiff’s claim against the defendant has the same procedural rights and obligations in the action as the defendant, including those in respect of discovery, trial and appeal.
Federal Courts Rules — 198
Hearing of third party claim 198 (1) Unless the Court orders otherwise, a third party claim shall be heard and decided as part of the action from which it arose. Questions of third party liability (2) The Court may order the question of liability as between the third party and the defendant to be tried in such a manner, at or after the trial of the action, as is set out in the order.
Federal Courts Rules — 199
Order binding on third party 199 (1) A third party is bound by any order or determination made in an action between the plaintiff and the defendant who made the third party claim, whether or not the third party defended the plaintiff’s claim. Consequences of default of third party defence (2) A third party who defends neither the third party claim nor the plaintiff’s claim is deemed to admit (a) the validity of any judgment obtained by the plaintiff against the defendant, including a judgment obtained by consent; and (b) the third party’s liability to contribute or indemnify to the extent specified in the third party claim. Leave required to enforce default judgment (3) A judgment against a third party referred to in subsection (2) shall not be enforced without leave of the Court.
Federal Courts Rules — 200
Amendment as of right 200 Notwithstanding rules 75 and 76, a party may, without leave, amend any of its pleadings at any time before another party has pleaded thereto or on the filing of the written consent of the other parties.
Federal Courts Rules — 201
Amendment to add new cause of action 201 An amendment may be made under rule 76 notwithstanding that the effect of the amendment will be to add or substitute a new cause of action, if the new cause of action arises out of substantially the same facts as a cause of action in respect of which the party seeking the amendment has already claimed relief in the action.
Federal Courts Rules — 202
Close of pleadings 202 Pleadings are closed (a) where a statement of defence has not been filed within the period set out in rule 204, on the expiration of that period; (b) on the filing of a reply; or (c) on the expiration of the time for filing a reply.
Federal Courts Rules — 203
Statement of claim 203 (1) A statement of claim shall be served within 60 days after it is issued. Proof of service (2) Proof of service of a statement of claim shall be filed within the time set out in rule 204 for the service and filing of a statement of defence.
Federal Courts Rules — 204
Defence 204 (1) A defendant shall defend an action by serving and filing a statement of defence within (a) 30 days after the day on which of the statement of claim is served, if the defendant is served in Canada or the United States; and (b) 60 days after the day on which of the statement of claim is served, if the defendant is served outside Canada and the United States. Extension of time (2) However, if the defendant serves and files a notice of intention to respond in accordance with rule 204.1, the time for serving and filing the statement of defence is extended by 10 days. SOR/2021-150, s. 5
Federal Courts Rules — 204.1
Notice of intention to respond 204.1 A defendant who is served with a statement of claim and who intends to respond to the action may, within 10 days after the day on which they are served, serve on the plaintiff and file a notice of intention to respond in Form 204.1. SOR/2021-150, s. 5
Federal Courts Rules — 205
Reply 205 A plaintiff’s reply to a statement of defence shall be served and filed within 10 days after service of the statement of defence.
Federal Courts Rules — 206
Documents referred to in pleadings 206 A copy of every document referred to in a pleading shall be served with the pleading or within 10 days after service of the pleading, unless (a) the party being served waives its right to the copy; or (b) the Court orders otherwise.
Federal Courts Rules — 207
Service of counterclaim where no new party added 207 (1) Where a counterclaim is brought against a plaintiff only, or against only a plaintiff and another party to the action, the statement of defence and counterclaim shall be served and filed within the time set out in rule 204. Exception (2) Where a defendant to a counterclaim who is also a defendant in the action has failed to file a statement of defence in the action, that defendant shall be served personally with a statement of defence and counterclaim.
Federal Courts Rules — 208
No attornment to jurisdiction 208 A party does not attorn to the jurisdiction of the Court by (a) filing a notice of intention to respond; or (b) bringing a motion to object to (i) any irregularity in the commencement of the action, (ii) the service of the statement of claim, (iii) the Court as not being a convenient forum, or (iv) the jurisdiction of the Court. SOR/2021-150, s. 6
Federal Courts Rules — 210
Motion for default judgment 210 (1) Where a defendant fails to serve and file a statement of defence within the time set out in rule 204 or any other time fixed by an order of the Court, the plaintiff may bring a motion for judgment against the defendant on the statement of claim. Motion in writing (2) Subject to section 25 of the Crown Liability and Proceedings Act , a motion under subsection (1) may be brought ex parte and in accordance with rule 369. Affidavit evidence (3) A motion under subsection (1) shall be supported by affidavit evidence. Disposition of motion (4) On a motion under subsection (1), the Court may (a) grant judgment; (b) dismiss the action; or (c) order that the action proceed to trial and that the plaintiff prove its case in such a manner as the Court may direct.
Federal Courts Rules — 211
Service pursuant to order for substitutional service 211 Judgment shall not be given against a defendant who is in default where service of the statement of claim was effected pursuant to an order for substitutional service, unless the Court is satisfied that it is just to do so having regard to all the circumstances.
Federal Courts Rules — 212
Service pursuant to Hague Convention 212 (1) Where a statement of claim was sent abroad for service on a defendant in a contracting state to the Hague Convention and the defendant has not filed a defence, judgment shall not be given under rule 210 unless the Court is satisfied that (a) the statement of claim was (i) served by a method prescribed by the law of the state in which service was made, or (ii) delivered to the defendant or to the defendant’s residence by another method provided for in the Hague Convention ; and (b) the defendant has had sufficient time after the service or delivery to file a defence. Judgment (2) Notwithstanding subsection (1), the Court may give judgment under rule 210 if (a) the statement of claim was sent by a method provided for in the Hague Convention ; (b) a period of not less than six months, or such longer period as the Court considers adequate in the circumstances, has elapsed since the day on which the statement of claim was sent; and (c) no certificate under article 6 of the Hague Convention was received, and every reasonable effort was made to obtain such a certificate through the competent authorities of the state to which the statement of claim was sent. Interlocutory injunction or mandamus (3) This rule does not preclude the Court from making an order under rule 373 before service of the statement of claim.
Federal Courts Rules — 213
Motion by a party 213 (1) A party may bring a motion for summary judgment or summary trial on all or some of the issues raised in the pleadings at any time after the defendant has filed a defence but before the time and place for trial have been fixed. Further motion (2) If a party brings a motion for summary judgment or summary trial, the party may not bring a further motion for either summary judgment or summary trial except with leave of the Court. Obligations of moving party (3) A motion for summary judgment or summary trial in an action may be brought by serving and filing a notice of motion and motion record at least 20 days before the day set out in the notice for the hearing of the motion. Obligations of responding party (4) A party served with a motion for summary judgment or summary trial shall serve and file a respondent’s motion record not later than 10 days before the day set out in the notice of motion for the hearing of the motion. SOR/2009-331, s. 3
Federal Courts Rules — 214
Facts and evidence required 214 A response to a motion for summary judgment shall not rely on what might be adduced as evidence at a later stage in the proceedings. It must set out specific facts and adduce the evidence showing that there is a genuine issue for trial. SOR/2009-331, s. 3
Federal Courts Rules — 215
If no genuine issue for trial 215 (1) If on a motion for summary judgment the Court is satisfied that there is no genuine issue for trial with respect to a claim or defence, the Court shall grant summary judgment accordingly. Genuine issue of amount or question of law (2) If the Court is satisfied that the only genuine issue is (a) the amount to which the moving party is entitled, the Court may order a trial of that issue or grant summary judgment with a reference under rule 153 to determine the amount; or (b) a question of law, the Court may determine the question and grant summary judgment accordingly. Powers of Court (3) If the Court is satisfied that there is a genuine issue of fact or law for trial with respect to a claim or a defence, the Court may (a) nevertheless determine that issue by way of summary trial and make any order necessary for the conduct of the summary trial; or (b) dismiss the motion in whole or in part and order that the action, or the issues in the action not disposed of by summary judgment, proceed to trial or that the action be conducted as a specially managed proceeding. SOR/2009-331, s. 3
Federal Courts Rules — 216
Motion record for summary trial 216 (1) The motion record for a summary trial shall contain all of the evidence on which a party seeks to rely, including (a) affidavits; (b) admissions under rule 256; (c) affidavits or statements of an expert witness prepared in accordance with subsection 258(5); and (d) any part of the evidence that would be admissible under rules 288 and 289. Further affidavits or statements (2) No further affidavits or statements may be served, except (a) in the case of the moving party, if their content is limited to evidence that would be admissible at trial as rebuttal evidence and they are served and filed at least 5 days before the day set out in the notice of motion for the hearing of the summary trial; or (b) with leave of the Court. Conduct of summary trial (3) The Court may make any order required for the conduct of the summary trial, including an order requiring a deponent or an expert who has given a statement to attend for cross-examination before the Court. Adverse inference (4) The Court may draw an adverse inference if a party fails to cross-examine on an affidavit or to file responding or rebuttal evidence. Dismissal of motion (5) The Court shall dismiss the motion if (a) the issues raised are not suitable for summary trial; or (b) a summary trial would not assist in the efficient resolution of the action. Judgment generally or on issue (6) If the Court is satisfied that there is sufficient evidence for adjudication, regardless of the amounts involved, the complexities of the issues and the existence of conflicting evidence, the Court may grant judgment either generally or on an issue, unless the Court is of the opinion that it would be unjust to decide the issues on the motion. Order disposing of action (7) On granting judgment, the Court may make any order necessary for the disposition of the action, including an order (a) directing a trial to determine the amount to which the moving party is entitled or a reference under rule 153 to determine that amount; (b) imposing terms respecting the enforcement of the judgment; and (c) awarding costs. Trial or specially managed proceeding (8) If the motion for summary trial is dismissed in whole or in part, the Court may order the action, or the issues in the action not disposed of by summary trial, to proceed to trial or order that the action be conducted as a specially managed proceeding. SOR/2009-331, s. 3
Federal Courts Rules — 217
Right of plaintiff who obtains judgment 217 A plaintiff who obtains judgment under rule 215 or 216 may proceed against the same defendant for any other relief and may proceed against any other defendant for the same or any other relief. SOR/2009-331, s. 3