Amendments to the Federal Courts Rules coming into force in January, have been registered. The amendments include expansion to Rule 3 to focus on ‘outcome’ and proportionality rather than ‘determination’, explicit powers to limit examinations (rule 87.1) and a rule specifically for motions in writing at the Federal Court of Appeal (rule 369.2), among other things.
The amendments (see publication) were registered December 9 and are expected to be published in the Canada Gazette December 22.
The current version of Rule 3 states:
3. These Rules shall be interpreted and applied so as to secure the just, most expeditious and least expensive determination of every proceeding on its merits.
The amended version of Rule will be:
3. These Rules shall be interpreted and applied
(a) so as to secure the just, most expeditious and least expensive outcome of every proceeding; and
(b) with consideration being given to the principle of proportionality, including consideration of the proceeding’s complexity, the importance of the issues involved and the amount in dispute.
The amendments also replace reference to “Christmas recess”, which takes place between December 21 and January 7, with “seasonal recess”