Federal Courts Rules (SOR/98-106)

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note:Individuals

119. Subject to rule 121, an individual may act in person or be represented by a solicitor in a proceeding.

Marginal note: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.