Proposed Amendments to the Federal Court Rules Regarding Summary Judgment

Feb 25 2009

The Rules Committee of the Federal Court and Federal Court of Appeal has proposed an amendment to the Federal Court Rules regarding summary judgment and to implement a summary trial procedure. The proposed changes are premised on Rule 18A from the British Columbia Rules of Civil Procedure. The purpose of these changes is to provide the parties with greater control over the pace of litigation and to enhance access to justice by allowing the Court to determine issues or actions with conflicting evidence or issues of credibility without having to resort to a full trial. The draft amendments to the summary judgment provisions Rules were pre-published on January 24, 2009 in the Canada Gazette Part I to allow for consultation.

A copy of the Regulatory Impact Analysis Statement and proposed amendments is available on the Canada Gazette website.

This article is for information purposes only and does not constitute legal or professional advice.

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Tags: Federal Court