Federal Courts Rules (SOR/98-106)

Marginal note:Commencement of proceedings

• 62. (1) Subject to subsection (2), all actions, applications or appeals shall be commenced by the issuance of an originating document.

• Marginal note:Exception

  (2) A counterclaim or third party claim in an action brought only against persons who are already parties to the action shall be commenced by the service and filing of the counterclaim or third party claim.

Marginal note:Types of originating documents

• 63. (1) Unless otherwise provided by or under an Act of Parliament, the originating document for the commencement of

  • (a) an action, including an appeal by way of an action, is a statement of claim;

  • (b) a counterclaim against a person who is not yet a party to the action is a statement of defence and counterclaim;

  • (c) a third party claim against a person who is not yet a party to the action is a third party claim;

  • (d) an application is a notice of application; and

  • (e) an appeal is a notice of appeal.

• Marginal note:Other originating documents

  (2) Where by or under an Act of Parliament a proceeding is to be commenced by way of a document different from the originating document required under these Rules, the rules applicable to the originating document apply in respect of that document.

Marginal note:Declaratory relief available

64. No proceeding is subject to challenge on the ground that only a declaratory order is sought, and the Court may make a binding declaration of right in a proceeding whether or not any consequential relief is or can be claimed.

Marginal note:Format of printed documents

65. A printed document that is prepared for use in a proceeding shall be legible, the print — including all references in the document — shall be in 12-point Times New Roman, Arial or Tahoma font and each page of the document shall

• (a) be on good quality white or off-white paper, measuring 21.5 cm by 28 cm (8½ in. by 11 in.);

• (b) have top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm;

• (c) be printed on one side of the paper only, unless the document is a book of authorities; and

• (d) have no more than 30 lines, exclusive of headings.

Marginal note:Heading

• 66. (1) The first page of a document prepared for use in a proceeding shall have a heading in Form 66 that sets out

  • (a) the name of the court and the Court file number; and

  • (b) the style of cause in accordance with rule 67.

• Marginal note:Content of document

  (2) A document prepared for use in a proceeding shall contain

  • (a) the title of the document;

  • (b) its date; and

  • (c) the name, address, telephone number and fax number of the solicitor filing the document or, where a party is not represented by a solicitor, the party's name, an address for service in Canada, a telephone number and any fax number.

• Marginal note:Signature

  (3) A document prepared for use in a proceeding shall be signed by the solicitor or party filing it.