Federal Court Proposes Substantial Amendments to the Federal Courts Rules

On April 2, 2024, the Sub-Committee developed by the Federal Court of Appeal and Federal Court Rules Committee extended an invitation to provide input on the proposed amendments to the Federal Courts Rules (the “Rules”).

The Sub-Committee has conducted a global review of the Rules and identified the following areas to update to reflect technological advances and current procedures:

  1. Update the Rules to permit electronic service and filing of documents throughout;
  2. Remove references to anachronistic practices and technology;
  3. Incorporate important elements from the Federal Court of Appeal (FCA)’s

Consolidated Practice Direction and the Federal Court (FC)’s Amended Consolidated General Practice Guidelines (collectively the “Practice Directions”);

  1. Amend the Rules to reflect jurisprudential developments;
  2. Increase the monetary limit for simplified actions;
  3. Expand the role of associate judges;
  4. Grant a limited discretionary power to the registry to accept or refuse non-compliant documents;
  5. Revise the Rules governing class actions to reflect procedural changes in the provinces; and
  6. Miscellaneous amendments.

Notably, the Sub-Committee proposes changing the rules governing class actions to align with Ontario’s jurisdiction, which will impact Alberta practitioners.

The consultation period is open until July 2, 2024, and can be provided by filling out this form. For more information on the proposed Sub-Committee amendments, read the complete report here.

 

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