GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 378
Order to identify property 378 (1) An order under subsection 377(1) shall (a) identify the property to be kept or preserved; (b) state where, by whom, for how long and at whose cost the property is to be kept or preserved; and (c) if the property is to be insured, state at whose expense it shall be insured. Scope of order (2) An order under subsection 377(1) shall be directed solely to the protection of the property in question.
Federal Courts Rules — 379
Sale of perishable or deteriorating property 379 Where any property, other than real property or immoveables, that is the subject-matter of a proceeding or the subject of a question that may arise in a proceeding (a) is of a perishable nature, (b) is likely to deteriorate if kept, or (c) should for any other reason be sold without delay, on motion, the Court may order the sale of the property, in such a manner and on such conditions as may be specified in the order.
Federal Courts Rules — 380
Actions — Federal Court 380 (1) If, in an action commenced in the Federal Court, (a) 180 days have elapsed since the issuance of the statement of claim and no statement of defence has been filed and no motion for default judgement is pending, the Administrator shall issue a notice of status review, in Form 380, to the parties; or (b) 360 days have elapsed since the issuance of the statement of claim and no requisition for a pre-trial conference has been filed, the Court shall order that the action continue as a specially managed proceeding and may make an order under rule 385. Applications — Federal Court (2) If, in an application commenced in the Federal Court, 180 days have elapsed since the issuance of the notice of application and no requisition for a hearing date has been filed, the Court may (a) issue a notice of status review, in Form 380, to the parties; or (b) order that the application continue as a specially managed proceeding and may make an order under rule 385. Exception (3) Subsections (1) and (2) do not apply to an action or an application continued as a specially managed proceeding or in respect of which a motion to continue the proceeding as a specially managed proceeding is pending. SOR/98-106, s. 380; err.(F), Vol. 132, No. 12; SOR/2007-214, s. 1
Federal Courts Rules — 381
Filing of timetable 381 If the Court orders that an action or an application continue as a specially managed proceeding under paragraph 380(1)(b) or (2)(b), and no order under rule 385 has been made in accordance with that paragraph, the plaintiff or applicant, within 20 days of the date of the order, shall serve and file a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. SOR/2007-214, s. 1
Federal Courts Rules — 382
Representations of plaintiff or applicant 382 (1) If a notice of status review is issued in respect of an action or an application, the plaintiff or applicant, within 15 days of the date of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. Representations of defendant or respondent (2) The defendant or respondent may serve and file representations within seven days after being served with the representations of the plaintiff or applicant. Reply (3) The plaintiff or applicant may serve and file a reply within four days after being served with the representations of the defendant or respondent. SOR/2007-214, s. 1
Federal Courts Rules — 382.1
Review to be in writing 382.1 (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court shall be conducted on the basis of the written representations of the parties. Review by the Court (2) A judge or associate judge shall conduct a status review and may (a) if he or she is not satisfied that the proceeding should continue, dismiss the proceeding; or (b) if he or she is satisfied that the proceeding should continue, order that it continue as a specially managed proceeding and may make an order under rule 385. SOR/2007-214, s. 1 SOR/2025-232, s. 10
Federal Courts Rules — 382.2
Application or appeal — Federal Court of Appeal 382.2 If, in an application or appeal commenced in the Federal Court of Appeal, 180 days have elapsed since the issuance of the notice of application or appeal and no requisition for a hearing date has been filed, the Court may issue a notice of status review in Form 382.2 to the parties. SOR/2007-214, s. 1
Federal Courts Rules — 382.3
Representations when applicant or appellant in default 382.3 (1) If the party in default is the applicant or the appellant, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why the proceeding should not be dismissed for delay. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. Representations when respondent in default (2) If the party in default is the respondent, that party, within 30 days after the issuance of the notice of status review, shall serve and file representations stating the reasons why default judgment should not be entered. The representations shall include a justification for the delay and a proposed timetable for the completion of the steps necessary to advance the proceeding in an expeditious manner. Representations of the other party (3) The other party may serve and file representations within 10 days after being served with the representations of the party that is in default. Definition of party in default (4) In this rule and rule 382.4, party in default means the party that failed to take the next chronological step required by these Rules after the last step that was completed. SOR/2007-214, s. 1
Federal Courts Rules — 382.4
Review to be in writing 382.4 (1) Unless the Court directs otherwise, a status review of a proceeding commenced in the Federal Court of Appeal shall be conducted on the basis of the written representations of the parties. Review by a judge (2) A judge shall conduct a status review and may (a) if he or she is not satisfied that the proceeding should continue and (i) the party in default is the applicant or the appellant, dismiss the proceeding, or (ii) the party in default is the respondent, grant judgment in favour of the applicant or appellant or order the applicant or appellant to proceed to prove entitlement to the judgment claimed; or (b) if he or she is satisfied that the proceeding should continue, (i) give any directions that are necessary for the just, most expeditious and least expensive outcome of the proceeding, and (ii) fix the period for completion of subsequent steps in the proceeding. SOR/2007-214, s. 1 SOR/2021-244, s. 18(E)
Federal Courts Rules — 383
Case management judges — Federal Court 383 The Chief Justice of the Federal Court may assign (a) one or more judges to act as a case management judge in a proceeding; (b) one or more associate judges to act as a case management judge in a proceeding; or (c) an associate judge to assist in the management of a proceeding. SOR/2004-283, s. 22; SOR/2007-214, s. 2 SOR/2025-232, s. 10
Federal Courts Rules — 383.1
Case management judges — Federal Court of Appeal 383.1 The Chief Justice of the Federal Court of Appeal may assign one or more judges to act as a case management judge in a proceeding. SOR/2004-283, s. 23
Federal Courts Rules — 384
Order for special management 384 The Court may at any time order that a proceeding continue as a specially managed proceeding. SOR/2007-214, s. 3
Federal Courts Rules — 384.1
Class proceedings 384.1 A proceeding commenced by a member of a class of persons on behalf of the members of that class shall be conducted as a specially managed proceeding. SOR/2002-417, s. 23; SOR/2007-301, s. 9
Federal Courts Rules — 385
Powers of case management judge or prothonotary 385 (1) Unless the Court directs otherwise, a case management judge or an associate judge assigned under paragraph 383(c) shall deal with all matters that arise prior to the trial or hearing of a specially managed proceeding and may (a) give any directions or make any orders that are necessary for the just, most expeditious and least expensive outcome of the proceeding; (b) notwithstanding any period provided for in these Rules, fix the period for completion of subsequent steps in the proceeding; (c) fix and conduct any dispute resolution or pre-trial conferences that he or she considers necessary; and (d) subject to subsection 50(1), hear and determine all motions arising prior to the assignment of a hearing date. Order for status review (2) A case management judge or an associate judge assigned under paragraph 383(c) may, at any time, order that a status review be held in accordance with this Part. Order to cease special management (3) A case management judge or an associate judge assigned under paragraph 383(c) may order that a proceeding, other than a class proceeding, cease to be conducted as a specially managed proceeding, in which case the periods set out in these Rules for taking any subsequent steps apply. SOR/2002-417, s. 24; SOR/2007-214, s. 4; SOR/2007-301, s. 10(E); SOR/2013-18, s. 14 SOR/2021-244, s. 19(E) SOR/2025-232, s. 10
Federal Courts Rules — 386
Order for dispute resolution conference 386 (1) The Court may order that a proceeding, or any issue in a proceeding, be referred to a dispute resolution conference, to be conducted in accordance with rules 387 to 389 and any directions set out in the order. Time limit for dispute resolution conference (2) Unless the Court orders otherwise, a dispute resolution conference shall be completed within 30 days.
Federal Courts Rules — 387
Interpretation 387 A dispute resolution conference shall be conducted by a case management judge or associate judge assigned under paragraph 383(c), who may (a) conduct a mediation, to assist the parties by meeting with them together or separately to encourage and facilitate discussion between them in an attempt to reach a mutually acceptable resolution of the dispute; (b) conduct an early neutral evaluation of a proceeding, to evaluate the relative strengths and weaknesses of the positions advanced by the parties and render a non-binding opinion as to the probable outcome of the proceeding; or (c) conduct a mini-trial, presiding over presentation by counsel for the parties of their best case and rendering a non-binding opinion as to the probable outcome of the proceeding. SOR/2025-232, s. 10
Federal Courts Rules — 388
Confidentiality 388 Discussions in a dispute resolution conference and documents prepared for the purposes of such a conference are confidential and shall not be disclosed.
Federal Courts Rules — 389
Notice of settlement 389 (1) Where a settlement of all or part of a proceeding is reached at a dispute resolution conference, (a) it shall be reduced to writing and signed by the parties or their solicitors; and (b) a notice of settlement in Form 389 shall be filed within 10 days after the settlement is reached. Report of partial settlement (2) Where a settlement of only part of a proceeding is reached at a dispute resolution conference, the case management judge shall make an order setting out the issues that have not been resolved and giving such directions as he or she considers necessary for their adjudication. Notice of failure to settle (3) Where no settlement can be reached at a dispute resolution conference, the case management judge shall record that fact on the Court file.
Federal Courts Rules — 390
Stay of proceedings 390 On motion, a case management judge or an associate judge assigned under paragraph 383(c) may, by order, stay a proceeding, including a proceeding that has previously been stayed, for a period of not more than six months, on the ground that the parties have undertaken to refer the subject-matter of the proceeding to an alternative means of dispute resolution, other than a dispute resolution conference referred to in rule 386. SOR/2025-232, s. 10
Federal Courts Rules — 391
Case management judge not to preside at hearing 391 A case management judge who conducts a dispute resolution conference in an action, application or appeal shall not preside at the hearing thereof unless all parties consent.
Federal Courts Rules — 392
Disposition of hearing 392 (1) The Court may dispose of any matter that is the subject-matter of a hearing by signing an order. Effective time of order (2) Unless it provides otherwise, an order is effective from the time that it is endorsed in writing and signed by the presiding judge or associate judge or, in the case of an order given orally from the bench in circumstances that render it impracticable to endorse a written copy of the order, at the time it is made. SOR/2025-232, s. 10
Federal Courts Rules — 393
Reasons 393 The Court may deliver reasons for judgment (a) orally from the bench at the conclusion of the hearing of a proceeding; or (b) after having reserved judgment at the conclusion of a hearing, by depositing in the Registry written reasons, signed by the judge or associate judge who delivered them. SOR/2025-232, s. 10
Federal Courts Rules — 394
Drafting of order 394 (1) When the Court gives reasons, it may direct one of the parties to prepare for endorsement a draft order to implement the Court’s conclusion, approved as to form and content by the other parties or, if the parties cannot agree on the form and content of the order, to bring a motion for judgment in accordance with rule 369 or 369.2, as the case may be. Pronouncement of judgment (2) On the return of a motion under subsection (1), the Court shall settle the terms of and pronounce the judgment, which shall be endorsed in writing and signed by the presiding judge or associate judge. SOR/2021-244, s. 20 SOR/2025-232, s. 10
Federal Courts Rules — 395
Copies to be sent 395 (1) Subject to subsection 36(3), the Administrator shall send without delay a copy of every order made and of any reasons given other than in open court to all parties (a) by registered mail; (b) by electronic means, including facsimile and electronic mail; or (c) by any other means, as directed by the Chief Justice, likely to bring the order and any reasons to the attention of the party. Proof of receipt (2) If an order and any reasons are transmitted by electronic means, the Administrator shall confirm receipt by the party and place proof of that receipt on the Court file. SOR/2010-177, s. 6
Federal Courts Rules — 396
Recording of orders 396 Every order shall be recorded by the Administrator forthwith after it is made.
Federal Courts Rules — 397
Motion to reconsider 397 (1) Within 10 days after the making of an order, or within such other time as the Court may allow, a party may serve and file a notice of motion to request that the Court, as constituted at the time the order was made, reconsider its terms on the ground that (a) the order does not accord with any reasons given for it; or (b) a matter that should have been dealt with has been overlooked or accidentally omitted. Mistakes (2) Clerical mistakes, errors or omissions in an order may at any time be corrected by the Court.
Federal Courts Rules — 398
Stay of order 398 (1) On the motion of a person against whom an order has been made, (a) where the order has not been appealed, the court that made the order may order that it be stayed; or (b) where a notice of appeal of the order has been issued, a judge of the court that is to hear the appeal may order that it be stayed. Conditions (2) As a condition to granting a stay under subsection (1), a judge may require that the appellant (a) provide security for costs; and (b) do anything required to ensure that the order will be complied with when the stay is lifted. Setting aside of stay (3) A judge of the court that is to hear an appeal of an order that has been stayed pending appeal may set aside the stay if the judge is satisfied that the party who sought the stay is not expeditiously proceeding with the appeal or that for any other reason the order should no longer be stayed. SOR/2004-283, s. 40
Federal Courts Rules — 399
Setting aside or variance 399 (1) On motion, the Court may set aside or vary an order that was made (a) ex parte ; or (b) in the absence of a party who failed to appear by accident or mistake or by reason of insufficient notice of the proceeding, if the party against whom the order is made discloses a prima facie case why the order should not have been made. Setting aside or variance (2) On motion, the Court may set aside or vary an order (a) by reason of a matter that arose or was discovered subsequent to the making of the order; or (b) where the order was obtained by fraud. Effect of order (3) Unless the Court orders otherwise, the setting aside or variance of an order under subsection (1) or (2) does not affect the validity or character of anything done or not done before the order was set aside or varied.
Federal Courts Rules — 400
Discretionary powers of Court 400 (1) The Court shall have full discretionary power over the amount and allocation of costs and the determination of by whom they are to be paid. Crown (2) Costs may be awarded to or against the Crown. Factors in awarding costs (3) In exercising its discretion under subsection (1), the Court may consider (a) the result of the proceeding; (b) the amounts claimed and the amounts recovered; (c) the importance and complexity of the issues; (d) the apportionment of liability; (e) any written offer to settle; (f) any offer to contribute made under rule 421; (g) the amount of work; (h) whether the public interest in having the proceeding litigated justifies a particular award of costs; (i) any conduct of a party that tended to shorten or unnecessarily lengthen the duration of the proceeding; (j) the failure by a party to admit anything that should have been admitted or to serve a request to admit; (k) whether any step in the proceeding was (i) improper, vexatious or unnecessary, or (ii) taken through negligence, mistake or excessive caution; (l) whether more than one set of costs should be allowed, where two or more parties were represented by different solicitors or were represented by the same solicitor but separated their defence unnecessarily; (m) whether two or more parties, represented by the same solicitor, initiated separate proceedings unnecessarily; (n) whether a party who was successful in an action exaggerated a claim, including a counterclaim or third party claim, to avoid the operation of rules 292 to 299; (n.1) whether the expense required to have an expert witness give evidence was justified given (i) the nature of the litigation, its public significance and any need to clarify the law, (ii) the number, complexity or technical nature of the issues in dispute, or (iii) the amount in dispute in the proceeding; and (o) any other matter that it considers relevant. Tariff B (4) The Court may fix all or part of any costs by reference to Tariff B and may award a lump sum in lieu of, or in addition to, any assessed costs. Directions (5) If the Court orders that costs be assessed in accordance with Tariff B, the Court may direct that the assessment be performed under one or more columns of the applicable tables to that Tariff. Further discretion of Court (6) Notwithstanding any other provision of these Rules, the Court may (a) award or refuse costs in respect of a particular issue or step in a proceeding; (b) award assessed costs or a percentage of assessed costs up to and including a specified step in a proceeding; (c) award all or part of costs on a solicitor-and-client basis; or (d) award costs against a successful party. Award and payment of costs (7) Costs shall be awarded to the party who is entitled to receive the costs and not to the party’s solicitor, but they may be paid to the party’s solicitor in trust. SOR/2002-417, s. 25(F); SOR/2010-176, s. 11 SOR/2025-232, s. 4
Federal Courts Rules — 401
Costs of motion 401 (1) The Court may award costs of a motion in an amount fixed by the Court. Costs payable forthwith (2) Where the Court is satisfied that a motion should not have been brought or opposed, the Court shall order that the costs of the motion be payable forthwith.
Federal Courts Rules — 402
Costs of discontinuance or abandonment 402 Unless otherwise ordered by the Court or agreed by the parties, a party against whom an action, application or appeal has been discontinued or against whom a motion has been abandoned is entitled to costs forthwith, which may be assessed and the payment of which may be enforced as if judgment for the amount of the costs had been given in favour of that party.
Federal Courts Rules — 403
Motion for directions 403 (1) A party may request that directions be given to the assessment officer respecting any matter referred to in rule 400, (a) by serving and filing a notice of motion within 30 days after judgment has been pronounced; or (b) in a motion for judgment under subsection 394(2). Motion after judgment (2) A motion may be brought under paragraph (1)(a) whether or not the judgment included an order concerning costs. Same judge or associate judge (3) A motion under paragraph (1)(a) shall be brought before the judge or associate judge who signed the judgment. SOR/2025-232, s. 10
Federal Courts Rules — 404
Liability of solicitor for costs 404 (1) Where costs in a proceeding are incurred improperly or without reasonable cause or are wasted by undue delay or other misconduct or default, the Court may make an order against any solicitor whom it considers to be responsible, whether personally or through a servant or agent, (a) directing the solicitor personally pay the costs of a party to the proceeding; or (b) disallowing the costs between the solicitor and the solicitor’s client. Show cause by solicitor (2) No order under subsection (1) shall be made against a solicitor unless the solicitor has been given an opportunity to be heard. Notice to client (3) The Court may order that notice of an order against a solicitor made under subsection (1) be given to the solicitor’s client in a manner specified by the Court.
Federal Courts Rules — 405
Assessment by assessment officer 405 Costs shall be assessed by an assessment officer.
Federal Courts Rules — 406
Obtaining appointment 406 (1) A party who is entitled to costs may obtain a notice of appointment for assessment by filing a bill of costs, a copy of the order or other document giving rise to the party’s entitlement to costs and any reasons, including dissenting reasons, given in respect of that order. Notice of appointment (2) A notice of appointment for assessment and the bill of costs to be assessed shall be served on every other interested party at least 10 days before the date fixed for the assessment. SOR/2006-219, s. 15
Federal Courts Rules — 407
Party-and-party costs 407 Unless the Court orders otherwise, party-and-party costs shall be assessed in accordance with column 2 of the applicable tables to Tariff B. SOR/2025-232, s. 5
Federal Courts Rules — 408
Directions 408 (1) An assessment officer may direct the production of books and documents and give directions for the conduct of an assessment. Set-off of costs (2) Where parties are liable to pay costs to each other, an assessment officer may adjust those costs by way of set-off. Costs of assessment (3) An assessment officer may assess and allow, or refuse to allow, the costs of an assessment to either party.
Federal Courts Rules — 409
Factors in assessing costs 409 In assessing costs, an assessment officer may consider the factors referred to in subsection 400(3).
Federal Courts Rules — 410
Costs of amendment 410 (1) Unless the Court orders otherwise, the costs occasioned by an amendment to a pleading made without leave shall be borne by the party making the amendment. Costs of motion to extend time (2) Unless the Court orders otherwise, the costs of a motion for an extension of time shall be borne by the party bringing the motion.