Federal Courts Rules

Marginal note:Prothonotaries

• 50 (1) A prothonotary may hear, and make any necessary orders relating to, any motion under these Rules other than a motion

  • (a) in respect of which these Rules or an Act of Parliament has expressly conferred jurisdiction on a judge;

  • (b) in the Federal Court of Appeal;

  • (c) for summary judgment other than

    • (i) in an action referred to in subsection (2), or

    • (ii) in respect of a claim referred to in subsection (3);

  • (d) to hold a person in contempt at a hearing referred to in paragraph 467(1)(a);

  • (e) for an injunction;

  • (f) relating to the liberty of a person;

  • (g) to stay, set aside or vary an order of a judge, other than an order made under paragraph 385(a), (b) or (c);

  • (h) to stay execution of an order of a judge;

  • (i) to appoint a receiver;

  • (j) for an interim order under section 18.2 of the Act;

  • (k) to appeal the findings of a referee under rule 163; or

  • (l) for the certification of an action as a class action.

• Marginal note:Actions not over $50,000

  (2) A prothonotary may hear an action exclusively for monetary relief, or an action in rem claiming monetary relief, in which no amount claimed by a party exceeds $50,000 exclusive of interest and costs.

• Marginal note:Class actions

  (3) A prothonotary may hear a claim in respect of one or more individual questions in a class action in which the amount claimed by the member of the class does not exceed $50,000 exclusive of interest and costs.

• Marginal note:Foreign judgment

  (4) A prothonotary may hear an application under rule 327 for registration, recognition or enforcement of a foreign judgment.

• Marginal note:Matters on consent

  (5) Despite paragraphs (1)(c) and (k), a prothonotary may render any final judgment that could be rendered by a judge of the Federal Court, except in a proceeding in respect of which an Act of Parliament expressly confers jurisdiction on a judge, if the prothonotary is satisfied that all of the parties that will be affected by the judgment have given their consent.