GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 218
Powers of Court 218 If judgment under rule 215 or 216 is refused or is granted only in part, the Court may make an order specifying which material facts are not in dispute and defining the issues to be tried and may also make an order (a) for payment into court of all or part of the claim; (b) for security for costs; or (c) limiting the nature and scope of the examination for discovery to matters not covered by the affidavits filed on the motion for summary judgment or summary trial or by any cross-examination on them and providing for their use at trial in the same manner as an examination for discovery. SOR/2009-331, s. 3 SOR/2021-244, s. 10(F)
Federal Courts Rules — 219
Stay of execution 219 On granting judgment under rule 215 or 216, the Court may order that enforcement of the judgment be stayed pending the determination of any other issue in the action or in a counterclaim or third party claim. SOR/2009-331, s. 3
Federal Courts Rules — 220
Preliminary determination of question of law or admissibility 220 (1) A party may bring a motion before trial to request that the Court determine (a) a question of law that may be relevant to an action; (b) a question as to the admissibility of any document, exhibit or other evidence; or (c) questions stated by the parties in the form of a special case before, or in lieu of, the trial of the action. Contents of determination (2) Where, on a motion under subsection (1), the Court orders that a question be determined, it shall (a) give directions as to the case on which the question shall be argued; (b) fix time limits for the filing and service of motion records by the parties; and (c) fix a time and place for argument of the question. Determination final (3) A determination of a question referred to in subsection (1) is final and conclusive for the purposes of the action, subject to being varied on appeal.
Federal Courts Rules — 221
Motion to strike 221 (1) On motion, the Court may, at any time, order that a pleading, or anything contained therein, be struck out, with or without leave to amend, on the ground that it (a) discloses no reasonable cause of action or defence, as the case may be, (b) is immaterial or redundant, (c) is scandalous, frivolous or vexatious, (d) may prejudice or delay the fair trial of the action, (e) constitutes a departure from a previous pleading, or (f) is otherwise an abuse of the process of the Court, and may order the action be dismissed or judgment entered accordingly. Evidence (2) No evidence shall be heard on a motion for an order under paragraph (1)(a).
Federal Courts Rules — 222
Definition of document 222 (1) In rules 223 to 232 and 295, document includes an audio recording, a video recording, a film, a photograph, a chart, a graph, a map, a plan, a survey and a book of account, as well as data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. Interpretation (2) For the purposes of rules 223 to 232 and 295, a document of a party is relevant if the party intends to rely on it or if the document tends to adversely affect the party’s case or to support another party’s case. SOR/2015-21, s. 17
Federal Courts Rules — 223
Time for service of affidavit of documents 223 (1) Every party shall serve an affidavit of documents on every other party within 30 days after the close of pleadings. Contents (2) An affidavit of documents shall be in Form 223 and shall contain (a) separate lists and descriptions of all relevant documents that (i) are in the possession, power or control of the party and for which no privilege is claimed, (ii) are or were in the possession, power or control of the party and for which privilege is claimed, (iii) were but are no longer in the possession, power or control of the party and for which no privilege is claimed, and (iv) the party believes are in the possession, power or control of a person who is not a party to the action; (b) a statement of the grounds for each claim of privilege in respect of a document; (c) a description of how the party lost possession, power or control of any document and its current location, as far as the party can determine; (d) the identity of each person referred to in subparagraph (a)(iv), including the person’s name and address, if known; (e) a statement that the party is not aware of any relevant document, other than those that are listed in the affidavit or are or were in the possession, power or control of another party to the action; and (f) an indication of the time and place at which the documents referred to in subparagraph (a)(i) may be inspected. Document within party’s power or control (3) For the purposes of subsection (2), a document shall be considered to be within a party’s power or control if (a) the party is entitled to obtain the original document or a copy of it; and (b) no adverse party is so entitled. Bundle of documents (4) A party may treat a bundle of documents as a single document for the purposes of an affidavit of documents if (a) the documents are all of the same nature; and (b) the bundle is described in sufficient detail to enable another party to clearly ascertain its contents.
Federal Courts Rules — 224
Deponent of affidavit of documents 224 (1) The deponent of an affidavit of documents shall be (a) where the party is an individual who is not under a legal disability, the party; (b) where the party is an individual under a legal disability, a person appointed under rule 115; (c) where the party is a corporation or an unincorporated association, an authorized representative of the corporation or association; or (d) where the party is the Crown, an authorized representative of the Crown. Obligations of deponent (2) The deponent of an affidavit of documents shall, before making the affidavit, become informed by making reasonable inquiries of any present or former officer, servant, agent or employee of the party, including any who are outside Canada, who might reasonably be expected to have knowledge relating to any matter in question in the action. Obligations of solicitor (3) The solicitor of record for a party shall (a) explain to the deponent of an affidavit of documents the necessity of making full disclosure under rule 223 and the possible consequences of failing to do so; and (b) certify on the affidavit of documents or on a document attached to it that those explanations have been given.
Federal Courts Rules — 225
Order for disclosure 225 On motion, the Court may order a party to disclose in an affidavit of documents all relevant documents that are in the possession, power or control of (a) where the party is an individual, any corporation that is controlled directly or indirectly by the party; or (b) where the party is a corporation, (i) any corporation that is controlled directly or indirectly by the party, (ii) any corporation or individual that directly or indirectly controls the party, or (iii) any corporation that is controlled directly or indirectly by a person who also directly or indirectly controls the party.
Federal Courts Rules — 226
Need for continuing disclosure 226 (1) A party who becomes aware that its affidavit of documents is inaccurate or deficient shall, without delay, serve a supplementary affidavit of documents correcting the inaccuracy or deficiency. Exception (2) A document produced and marked as an exhibit on an examination need not be included in a supplementary affidavit of documents.
Federal Courts Rules — 227
Sanctions 227 On motion, where the Court is satisfied that an affidavit of documents is inaccurate or deficient, the Court may inspect any document that may be relevant and may order that (a) the deponent of the affidavit be cross-examined; (b) an accurate or complete affidavit be served and filed; (c) all or part of the pleadings of the party on behalf of whom the affidavit was made be struck out; or (d) that the party on behalf of whom the affidavit was made pay costs.
Federal Courts Rules — 228
Inspection of documents 228 (1) Subject to rule 230, a party who has served an affidavit of documents on another party shall, during business hours, allow the other party to inspect and, where practicable, to copy any document referred to in the affidavit that is not privileged, if the document is (a) in the possession of the party; or (b) in the power or control of the party and the other party requests that it be made available because the other party cannot otherwise inspect or copy it. Copies of documents (2) A party who has served an affidavit of documents on another party shall, at the request of the other party, deliver to the other party a copy of any document referred to in subsection (1), if the other party pays the cost of the copies and of their delivery.
Federal Courts Rules — 229
Order for production and inspection 229 On motion, the Court may order the production for inspection and copying by a party of any document referred to in subsection 228(1), at a time and place and in a manner set out in the order.
Federal Courts Rules — 230
Relief from production 230 On motion, the Court may relieve a party from production for inspection of any document, having regard to (a) the issues in the case and the order in which they are likely to be resolved; and (b) whether it would be unduly onerous to require the person to produce the document.
Federal Courts Rules — 231
Disclosure or production not admission 231 The disclosure of a document or its production for inspection does not constitute an admission of its authenticity or admissibility in the action.
Federal Courts Rules — 232
Undisclosed or privileged document 232 (1) Unless the Court orders otherwise or discovery of documents has been waived by the parties, no document shall be used in evidence unless it has been (a) disclosed on a party’s affidavit of documents as a document for which no privilege has been claimed; (b) produced for inspection by a party, or a person examined on behalf of one of the parties, on or subsequent to examinations for discovery; or (c) produced by a witness who is not, in the opinion of the Court, under control of the party. Exception (2) Subsection (1) does not apply to a document that is used solely as a foundation for, or as a part of a question in, cross-examination or re-examination. SOR/2010-176, s. 3(F)
Federal Courts Rules — 233
Production from non-party with leave 233 (1) On motion, the Court may order the production of any document that is in the possession of a person who is not a party to the action, if the document is relevant and its production could be compelled at trial. Personal service on non-party (2) Notice of a motion for an order under subsection (1) shall be personally served on the person who is in possession of the document. Preparation of certified copy (3) The Court may, in an order under subsection (1), give directions for the preparation of a certified copy of the document to be used instead of the original.
Federal Courts Rules — 234
Both oral and written examination 234 (1) A party may conduct an examination for discovery by way of both an oral and a written examination only with leave of the Court or with the consent of the person being examined and all other parties entitled to examine that person. Oral examination by two or more parties (2) Where two or more parties are entitled to examine a person, the examination for discovery shall be by way of an oral examination, except with leave of the Court or with the consent of the person being examined and all other parties entitled to examine that person.
Federal Courts Rules — 235
Single examination 235 Except with leave of the Court, a party may examine for discovery any adverse party only once.
Federal Courts Rules — 236
When examination may be initiated 236 (1) Subject to subsection (2), a party may examine an adverse party for discovery only if (a) the pleadings are closed and the examining party has served its affidavit of documents; (b) the pleadings are closed and the adverse party consents to the examination being conducted before the examining party has served its affidavit of documents; or (c) the adverse party is in default of serving and filing its pleadings and leave of the Court has been obtained. Examination by defendant (2) Subject to subsection (3), a defendant may examine a plaintiff at any time after the statement of claim is filed. Multiple defendants (3) Where two or more defendants are represented by the same solicitor, none of them may examine the plaintiff before filing a defence unless all of them examine the plaintiff at the same time.
Federal Courts Rules — 237
Representative selected 237 (1) A corporation, partnership or unincorporated association that is to be examined for discovery shall select a representative to be examined on its behalf. Examination of Crown (2) Where the Crown is to be examined for discovery, the Attorney General of Canada shall select a representative to be examined on its behalf. Order for substitution (3) The Court may, on the motion of a party entitled to examine a person selected under subsection (1) or (2), order that some other person be examined. Examination of assignee (4) Where an assignee is a party to an action, the assignor may also be examined for discovery. Examination of trustee in bankruptcy (5) Where a trustee in bankruptcy is a party to an action, the bankrupt may also be examined for discovery. Examination of party under legal disability (6) If a party intends to examine for discovery a person who is appointed under paragraph 115(1)(b) to represent a person under a legal disability, the party may, with leave of the Court, also examine the person under a legal disability. Examination of nominal party (7) Where a party intends to examine for discovery a person bringing or defending an action on behalf of another person who is not a party, with leave of the Court, the party may also examine that other person. SOR/2013-18, s. 5
Federal Courts Rules — 238
Examination of non-parties with leave 238 (1) A party to an action may bring a motion for leave to examine for discovery any person not a party to the action, other than an expert witness for a party, who might have information on an issue in the action. Personal service on non-party (2) On a motion under subsection (1), the notice of motion shall be served on the other parties and personally served on the person to be examined. Where Court may grant leave (3) The Court may, on a motion under subsection (1), grant leave to examine a person and determine the time and manner of conducting the examination, if it is satisfied that (a) the person may have information on an issue in the action; (b) the party has been unable to obtain the information informally from the person or from another source by any other reasonable means; (c) it would be unfair not to allow the party an opportunity to question the person before trial; and (d) the questioning will not cause undue delay, inconvenience or expense to the person or to the other parties.
Federal Courts Rules — 239
Expenses of person examined 239 (1) Unless the Court orders otherwise, a party who is granted leave to examine a person under rule 238 shall pay to the person (a) at least 10 days before the day of the examination, an amount sufficient to cover reasonable travel expenses; and (b) within 10 days after the examination, an amount sufficient to cover any reasonable travel expenses in excess of the initial payment. Assistance of solicitor (2) A person being examined under rule 238 is entitled to be assisted by a solicitor. Costs of solicitor (3) On motion, the Court may, in special circumstances, order that the costs of a solicitor assisting a person to be examined under rule 238 be included in the amounts paid under subsection (1). Questioning by other parties (4) A person being examined under rule 238 may also be questioned by any other party. Cross-examination or hearsay (5) A person being examined under rule 238 shall not be cross-examined and shall not be required to give hearsay evidence. Use as evidence at trial (6) The testimony of a person who was examined under rule 238 shall not be used as evidence at trial but, if the person is a witness at trial, it may be used in cross-examination in the same manner as any written statement of a witness.
Federal Courts Rules — 240
Scope of examination 240 A person being examined for discovery shall answer, to the best of the person’s knowledge, information and belief, any question that (a) is relevant to any unadmitted allegation of fact in a pleading filed by the party being examined or by the examining party; or (b) concerns the name or address of any person, other than an expert witness, who might reasonably be expected to have knowledge relating to a matter in question in the action.
Federal Courts Rules — 241
Obligation to inform self 241 Subject to paragraph 242(1)(d), a person who is to be examined for discovery, other than a person examined under rule 238, shall, before the examination, become informed by making inquiries of any present or former officer, servant, agent or employee of the party, including any who are outside Canada, who might be expected to have knowledge relating to any matter in question in the action.
Federal Courts Rules — 242
Objections permitted 242 (1) A person may object to a question asked in an examination for discovery on the ground that (a) the answer is privileged; (b) the question is not relevant to any unadmitted allegation of fact in a pleading filed by the party being examined or by the examining party; (c) the question is unreasonable or unnecessary; or (d) it would be unduly onerous to require the person to make the inquiries referred to in rule 241. Objections not permitted (2) A person other than a person examined under rule 238 may not object to a question asked in an examination for discovery on the ground that (a) the answer would be evidence or hearsay; (b) the question constitutes cross-examination.
Federal Courts Rules — 243
Limit on examination 243 On motion, the Court may limit an examination for discovery that it considers to be oppressive, vexatious or unnecessary.
Federal Courts Rules — 244
Examined party to be better informed 244 (1) Where a person being examined for discovery, other than a person examined under rule 238, is unable to answer a question, the examining party may require the person to become better informed and may conclude the examination, subject to obtaining answers to any remaining questions. Further answers (2) A person being examined who is required to become better informed shall provide the information sought by the examining party by submitting to a continuation of the oral examination for discovery in respect of the information or, where the parties agree, by providing the information in writing. Information deemed part of examination (3) Information provided under subsection (2) is deemed to be part of the examination for discovery.
Federal Courts Rules — 245
Inaccurate or deficient answer 245 (1) A person who was examined for discovery and who discovers that the answer to a question in the examination is no longer correct or complete shall, without delay, provide the examining party with the corrected or completed information in writing. Further examination (2) An examining party may require a person providing information under subsection (1) to continue the examination for discovery in respect of that information. Corrections deemed part of examination (3) Information provided under subsection (1) is deemed to be part of the examination for discovery.
Federal Courts Rules — 246
Answer by solicitor 246 (1) The solicitor of a person being examined for discovery orally may answer a question on behalf of the person during the examination, unless the examining party objects. Deemed answer of person examined (2) An answer given by a solicitor under subsection (1) is deemed to be the answer of the person being examined for discovery.
Federal Courts Rules — 247
Divided discovery 247 Where (a) an order was made under rule 153 that an issue of fact be the subject of a reference after trial, or (b) an order was made under rule 107 that an issue in the action be determined separately, any subsequent examination for discovery or inspection of documents shall not extend to that issue, unless otherwise ordered by the Court.
Federal Courts Rules — 248
Undisclosed information inadmissible at trial 248 Where a party examined for discovery, or a person examined for discovery on behalf of a party, has refused, on the ground of privilege or for any other reason, to answer a proper question and has not subsequently answered the question, the party may not introduce the information sought by the question at trial without leave of the Court.
Federal Courts Rules — 249
Order for inspection 249 (1) On motion, where the Court is satisfied that it is necessary or expedient for the purpose of obtaining information or evidence in full, the Court may order, in respect of any property that is the subject-matter of an action or as to which a question may arise therein, that (a) a sample be taken of the property; (b) an inspection be made of the property; or (c) an experiment be tried on or with the property. Entry on land or building (2) An order made under subsection (1) may authorize a person to enter any land or building where the property is located for the purpose of enabling the order to be carried out. Personal service on non-party (3) Where a motion is brought under subsection (1) for an order in respect of property that is in the possession of a person who is not a party to the action, that person shall be personally served with notice of the motion.
Federal Courts Rules — 250
Order for medical examination 250 (1) In an action for damages for personal injuries, the Court may, on motion, order the injured person to submit to a medical examination at a place and by a medical practitioner appointed by the Court. Who may attend examination (2) A person who is required to undergo a medical examination under this rule is entitled to have a solicitor, medical advisor or person appointed under rule 115, or all of them, present at the examination, but no other person, other than the person being examined and the medical practitioner authorized to conduct the examination, shall be present during the examination, except with leave of the Court or with the consent of the parties. Scope of examination (3) A medical practitioner who is examining a person under this rule may, in connection with that examination, ask the person any question that may be relevant to the purpose of the examination, and any statement made by the person during such an examination is admissible in evidence. Sanctions for plaintiff’s failure to comply (4) If a plaintiff fails, without reasonable excuse, to comply with an order under subsection (1) or to answer any questions referred to in subsection (3), the Court may dismiss the action.
Federal Courts Rules — 251
Further medical examination 251 On motion, the Court may order further medical examinations in accordance with rule 250, on such terms as it considers just.
Federal Courts Rules — 252
Medical report 252 (1) After conducting a medical examination under rule 250, the medical practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and forthwith provide the report to the party who obtained the order. Service of medical report (2) A party who obtains an order under rule 250 shall forthwith serve the report obtained pursuant to it on every other party. Report confidential (3) Every person who receives a medical report under this rule shall treat it as confidential and use it only for the purposes of the action.
Federal Courts Rules — 253
Medical practitioner as witness 253 Unless the Court orders otherwise, a medical practitioner who has made an examination under an order made under subsection 250(1) may, subject to rule 279, be called as a witness at trial.