Rules
In Force
Proposed
- Procedural Amendments
- Expert Witnesses in the Federal Courts
- Summary Judgment and Summary Trial
Timelines for Federal Court Procedures
These timelines are provided for convenience only – please refer to the relevant Acts and Rules.
APPLICATIONS IMMIGRATION AND REFUGEE MATTERS ONLY References are to the Federal Courts Rules ("Rules") and the Federal Courts Immigration and Refugee Protection Rules ("Immigration Rules") |
| Days |
Documents |
Procedures |
| 0 |
Application for leave and for Judicial Review |
Filed and served within time allowed under section 72(2)(b) of the Immigration and Refugee Protection Act. Proof of service is to be filed 10 days after serving this Application - Immigration Rule 7(2). |
| |
Request for tribunal decision and reasons |
Contained in Application for leave – request made pursuant to Immigration Rule 9. |
| 10 |
Notice of Appearance |
Served and filed by respondent within 10 days after service of the application for leave and judicial review - Immigration Rule 8. |
| 30 |
Perfecting Application for Leave |
Served and filed by applicant on every respondent who has filed a notice of appearance within 30 days after filing the application - Immigration Rule 10(1)(a); or within 30 days of receipt of the tribunal's written reasons if Immigration Rule 10(1)(b) applies; |
| 60 |
Respondent's Affidavits and Memorandum of Argument |
Served and filed by respondent on other parties within 30 days after service of applicant's record - Immigration Rule 11. |
| 70 |
Reply |
Served and filed by applicant within 10 days after service of the respondent's memorandum of argument - Immigration Rule 13. |
APPLICATIONS OTHER THAN IMMIGRATION AND REFUGEE MATTERS
|
| Days |
Documents |
Procedures |
| 0 |
Notice of Application |
Issued within time allowed under statute, if any; served within 10 days after issuance- rule 304(1) and proof of service filed within 10 days of service - rule 304(3); service on Attorney General or Minister deemed to take place when filed-rule 133 |
| |
Request for tribunal materials |
Made in notice of application or otherwise- rule 317 |
| 10 |
Notice of Appearance |
Served and filed within 10 days after service of the notice of application-rule 305 |
| 30 |
Applicant's Affidavits |
Served and filed within 30 days after issuance of the notice of application- rule 306 |
| 60 |
Respondent's Affidavits |
Served and filed within 30 days after service of applicant's affidavits - rule 307 |
| 80 |
Cross-Examination |
Completed within 20 days after filing of respondent's affidavits or expiration of time therefore- rule 308 |
| 100 |
Applicant's Record |
Served and filed within 20 days after completion of cross-examinations, or expiration of time - rule 309 |
| 120 |
Respondent's Record |
Served and filed within 20 days after service of applicant's record-rule 310 |
| 130 |
Requisition for Hearing |
Served and filed within 10 days after service of respondent's record or expiration of time - rule 314 |
| 180 |
Status Review |
If no requisition for hearing within 180 days of issuance of the notice of application-rule 380 |
ACTIONS
|
| Days |
Documents |
Procedures |
| 0 |
Statement of claim |
Served within 60 days of issuance- rule 203; service on Crown, Attorney General or Minister deemed to take place at filing- rule 133 or sec. 48 of the Federal Courts Act |
| 30 |
Statement of Defence |
Served and filed within 30 days after service of the Statement of Claim- rule 204. |
| 40 |
Reply; Close of Pleadings |
Served and filed within 10 days after service of the Statement of Defence - rule 205; close of pleadings on filing of reply or expiration of time - rule 202 |
| 50 |
Documents referred to in Pleadings |
Served within 10 days after service of pleadings-rule 206 |
| 70 |
Affidavit of Documents |
Served within 30 days after close of pleadings-rule 223 |
| 100 |
Settlement Discussions |
Within 60 days after close of pleadings-rule 257 |
| 180 |
Status Review |
If pleadings not closed within 180 days of issuance of the Statement of Claim-rule 380 |
| 360 |
Status Review |
If no requisition for pre-trial conference within 360 days of issuance of the statement of claim-rule 380 |
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