ARCHIVED — Vol. 147, No. 5 — February 27, 2013

Registration

SOR/2013-18 February 8, 2013

FEDERAL COURTS ACT

Rules Amending the Federal Courts Rules

P.C. 2013-122 February 7, 2013

The rules committee of the Federal Court of Appeal and the Federal Court, pursuant to section 46 (see footnote a) of the Federal Courts Act (see footnote b), makes the annexed Rules Amending the Federal Courts Rules.

Ottawa, December 19, 2012

PIERRE BLAIS
Chair
Rules Committee of the Federal Court of Appeal
and the Federal Court

Whereas, pursuant to paragraph 46(4)(a) (see footnote c) of the Federal Courts Act (see footnote d), a copy of the proposed Rules Amending the Federal Courts Rules, substantially in the annexed form, was published in the Canada Gazette, Part I, on July 21, 2012 and interested persons were invited to make representations concerning the proposed Rules;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Justice, pursuant to section 46 (see footnote e) of the Federal Courts Act (see footnote f), approves the annexed Rules Amending the Federal Courts Rules, made by the rules committee of the Federal Court of Appeal and the Federal Court.

RULES AMENDING THE FEDERAL COURTS RULES

AMENDMENTS

1. Rule 15 of the Federal Courts Rules (see footnote 1) is repealed.

2. (1)Paragraphs 34(1)(a) to (c) of the Rules are replaced by the following:

  • (a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;
  • (b) at Toronto and Vancouver, every Monday and on any other day fixed by the Chief Justice of the Federal Court;
  • (c) in Quebec,
    • (i) at Montreal, every Monday and on any other day fixed by the Chief Justice of the Federal Court, and
    • (ii) on a day and at any other place fixed by the Chief Justice of the Federal Court; and
  • (d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.

(2) Paragraph 34(1)(b) of the Rules is replaced by the following:

  • (b) at Toronto and Vancouver, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court;

(3) Subparagraph 34(1)(c)(i) of the Rules is replaced by the following:

  • (i) at Montreal, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court, and

3. Rule 65 of the Rules is replaced by the following:

Format of printed documents

65. A printed document that is prepared for use in a proceeding shall be legible, the print — including all references in the document — shall be in 12-point Times New Roman, Arial or Tahoma font and each page of the document shall

  • (a) be on good quality white or off-white paper, measuring 21.5 cm by 28 cm (8½ in. by 11 in.);
  • (b) have top and bottom margins of not less than 2.5 cm and left and right margins of not less than 3.5 cm;
  • (c) be printed on one side of the paper only, unless the document is a book of authorities; and
  • (d) have no more than 30 lines, exclusive of headings.

4. (1)Paragraph 149(1)(a) of the Rules is replaced by the following:

  • (a) a certified cheque or other bill of exchange drawn on a bank, trust company, credit union or caisse populaire or any other bill of exchange authorized by order of the Court, payable to the order of the Receiver General; and

(2) Subsections 149(2) and (3) of the Rules are replaced by the following:

Effective date of payment

(2) Payment into court by a certified cheque or other bill of exchange that is paid on presentation for payment is effective on the day on which it was delivered to the Registry.

Receipt for payment

(3) When a certified cheque or other bill of exchange is paid, the Administrator shall endorse or acknowledge receipt on a copy of the tender of payment into court and return it to the person who made the payment.

5. Subsection 237(6) of the Rules is replaced by the following:

Examination of party under legal disability

(6) If a party intends to examine for discovery a person who is appointed under paragraph 115(1)(b) to represent a person under a legal disability, the party may, with leave of the Court, also examine the person under a legal disability.

6. Subsection 280(2) of the Rules is replaced by the following:

Affidavit taken as read

(2) With leave of the Court, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness.

7. Rule 305 of the Rules is replaced by the following:

Notice of appearance

305. A respondent who intends to appear in respect of an application shall, within 10 days after being served with a notice of application, serve and file a notice of appearance in Form 305.

8. Subsection 309(2) of the Rules is amended by adding the following after paragraph (e):

  • (e.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the applicant at the hearing;

9. Subsection 310(2) of the Rules is amended by adding the following after paragraph (c):

  • (c.1) any material that has been certified by a tribunal and transmitted under Rule 318 that is to be used by the respondent at the hearing and that is not contained in the applicant’s record;

10. The Rules are amended by adding the following after Rule 316:

EXCEPTIONS TO GENERAL PROCEDURE

Ex parte proceedings

316.1 Despite rules 304, 306, 309 and 314, for a proceeding referred to in paragraph 300(b) that is brought ex parte,

  • (a) the notice of application, the applicant’s record, affidavits and documentary exhibits and the requisition for hearing are not required to be served; and
  • (b) the applicant’s record and the requisition for hearing must be filed at the time the notice of application is filed.

Summary application under Income Tax Act

316.2 (1) Except for rule 359, the procedures set out in Part 7 apply, with any modifications that are required, to a summary application brought under section 231.7 of the Income Tax Act.

Commencing the application

(2) The application shall be commenced by a notice of summary application in Form 316.2.

11. (1)Subsection 362(1) of the Rules is replaced by the following:

Service and filing of notice

362. (1) Subject to subsection (2), on a motion other than a motion under rule 369, a notice of motion and any affidavit required under rule 363 shall be served and filed at least three days before the day set out in the notice for the hearing of the motion.

(2) The portion of subsection 362(2) of the Rules before paragraph (a) is replaced by the following:

Motion on less than three days notice

(2) The Court may hear the motion on less than three days’ notice

12. Subsection 364(3) of the Rules is replaced by the following:

Service and filing of motion record

(3) Subject to subsections 51(2), 163(2) and 213(3), on a motion other than a motion under rule 369, the motion record shall be served and filed at least three days before the day set out in the notice of motion for the hearing of the motion.

13. Subsection 365(1) of the Rules is replaced by the following:

Respondent’s motion record

365. (1) Subject to subsections 213(4) and 369(2), a respondent to a motion shall serve a respondent’s motion record and file three copies of it not later than 2:00 p.m. on the day that is two days before the hearing of the motion.

14. Paragraph 385(1)(a) of the Rules is replaced by the following:

  • (a) give any directions or make any orders that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits;

15. Subsection 439(3) of the Rules is replaced by the following:

Directions from Court

(3) A person at whose instance a writ of execution is issued or a sheriff may seek directions from the Court concerning any issue not addressed by these Rules that arises from the enforcement of an order.

16. Form 301 of the Rules is replaced by the Form 301 set out in the schedule.

17. Form 305 of the Rules is replaced by the Form 305 set out in the schedule.

18. The Rules are amended by adding, in numerical order, the Form 316.2 set out in the schedule.

19. (1)Subsection 1(1) of Tariff A to the Rules is amended by adding the following after paragraph (g):

  • (h) an Anton Piller order, per defendant .......................................................... $50

(2) Subsection 1(2) of Tariff A to the Rules is amended by adding the following after paragraph (c):

  • (c.1) a notice of motion for a summary trial.............................................................. $50

20. The description of C in section 2 of Tariff A to the Rules is replaced by the following:

C is the amount payable by the Administrator to a court reporter in respect of the portion of the trial or hearing conducted after the first three days; and

COMING INTO FORCE

21. (1) Subject to subsection (2), these Rules come into force on the day on which they are registered.

(2) Subsections 2(2) and (3) come into force six months after the day on which these Rules are registered.

SCHEDULE
(Sections 16, 17 and 18)

FORM 301

Rule 301

NOTICE OF APPLICATION

(General Heading — Use Form 66)

(Court seal)

NOTICE OF APPLICATION

TO THE RESPONDENT:

A PROCEEDING HAS BEEN COMMENCED by the applicant. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court orders otherwise, the place of hearing will be as requested by the applicant. The applicant requests that this application be heard at (place where Federal Court of Appeal (or Federal Court) ordinarily sits).

IF YOU WISH TO OPPOSE THIS APPLICATION, to receive notice of any step in the application or to be served with any documents in the application, you or a solicitor acting for you must file a notice of appearance in Form 305 prescribed by the Federal Courts Rules and serve it on the applicant’s solicitor or, if the applicant is self-represented, on the applicant, WITHIN 10 DAYS after being served with this notice of application.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)

Issued by: ______________________________
(Registry Officer)
Address of local office: ______________________________

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

APPLICATION

(Where the application is an application for judicial review)

This is an application for judicial review in respect of

(Identify the tribunal.)

(Set out the date and details of the decision, order or other matter in respect of which judicial review is sought.)

The applicant makes application for: (State the precise relief sought.)

The grounds for the application are: (State the grounds to be argued, including any statutory provision or rule relied on.)

This application will be supported by the following material: (List the supporting affidavits, including documentary exhibits, and the portions of transcripts to be used.)

(If the applicant wishes a tribunal to forward material to the Registry, add the following paragraph:)

The applicant requests (name of the tribunal) to send a certified copy of the following material that is not in the possession of the applicant but is in the possession of the (tribunal) to the applicant and to the Registry: (Specify the particular material.)

(Date)

________________________________
(Signature of solicitor or applicant)
(Name, address and telephone and
fax numbers of solicitor or applicant)

__________________________________________________________________________

FORM 305

Rule 305

NOTICE OF APPEARANCE — APPLICATION

(General Heading — Use Form 66)

NOTICE OF APPEARANCE

The respondent intends to appear in respect of this application.

(Date)

________________________________
(Signature of solicitor or respondent)
(Name, address and telephone and
fax numbers of solicitor or respondent)

TO: (Names and addresses of other solicitors or parties)

_________________________________________________________________________

FORM 316.2

Rule 316.2

NOTICE OF SUMMARY APPLICATION

(General Heading — Use Form 66)

(Court seal)

NOTICE OF SUMMARY APPLICATION

TO THE RESPONDENT:

A SUMMARY APPLICATION HAS BEEN COMMENCED by the applicant under section 231.7 of the Income Tax Act. The relief claimed by the applicant appears on the following page.

THIS APPLICATION will be heard by the Court on (day), (date), at (time) or as soon after that time as the application can be heard, at (place).

IF YOU WISH TO OPPOSE THIS APPLICATION, you or a solicitor acting for you must serve a respondent’s record and file three copies of it not later than 2:00 p.m. on the last business day before the hearing of the application.

Copies of the Federal Courts Rules, information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238) or at any local office.

IF YOU FAIL TO OPPOSE THIS APPLICATION, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.

(Date)
Issued by: __________________________
(Registry Officer)
Address of local office: __________________________

TO: (Name and address of each respondent)

(Name and address of every other person required to be served)

(Separate page)

SUMMARY APPLICATION

The applicant makes application for: (State the precise relief sought.)

The grounds for the application are: (State the grounds to be argued, including any statutory provision or rule relied on.)

This application will be supported by the following material: (List the supporting affidavits, including documentary exhibits, and the portions of transcripts to be used.)

(Date)

________________________________
(Signature of solicitor or applicant)
(Name, address and telephone and fax
numbers of solicitor or applicant)

___________________________________________________________________________

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issue and objectives

In addition to larger reforms that are sometimes needed to the Federal Courts Rules, there is also a need to address non-substantive, miscellaneous amendments that are beneficial to the parties and to the Courts alike. The proposed amendments to the Rules were derived from an ongoing list of reforms which were more of a housekeeping nature submitted by members of the profession, the Registry and the Courts over the past couple of years. Those suggested changes have been synthesized into a single package of amendments. The topics are varied and range from the font size of documents submitted to the Courts, at rule 65, to the dates of general sittings, at subsection 34(1).

The following proposed miscellaneous amendments to the Federal Courts Rules have been discussed, reviewed and ultimately approved by the Rules Committee of the Federal Court of Appeal and the Federal Court (the “Rules Committee”) at a total of five plenary committee meetings, over the course of a two-year period.

The Rules Amending the Federal Courts Rules reduce duplication, avoid unnecessary expense, and ensure the integrity of the Court file. Further, the proposed amendments provide greater flexibility to the parties and to the Court, thereby enhancing access to justice.

Technical description and rationale

To meet the above-mentioned objectives of the Rules, the Rules Committee seeks amendments to the following Rules:

  1. Rule 15 regarding Registry hours of operations is repealed. The Rules Committee is of the view that the administrative details regarding the hours of operation could be communicated through the Web sites of the Federal Court of Appeal, the Federal Court and the Courts Administrative Service or by way of practice direction.
  2. Rule 34 is amended to give greater flexibility to the Chief Justice of the Federal Court to schedule motions days, and would read as follows:

    2. (1) Paragraphs 34(1)(a) to (c) of the Rules are replaced by the following:

    • (a) at Ottawa, every Wednesday and on any other day fixed by the Chief Justice of the Federal Court;
    • (b) at Toronto and Vancouver, every Monday and on any other day fixed by the Chief Justice of the Federal Court;
    • (c) in Quebec,
      • (i) at Montreal, every Monday and on any other day fixed by the Chief Justice of the Federal Court, and
      • (ii) on a day and at any other place fixed by the Chief Justice of the Federal Court; and
    • (d) in every province other than Ontario, Quebec and British Columbia, at least once per month, on a day and at a place fixed by the Chief Justice of the Federal Court.

    (2) Paragraph 34(1)(b) of the Rules is replaced by the following:

    • (b) at Toronto and Vancouver, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court;

    (3) Subparagraph 34(1)(c)(i) of the Rules is replaced by the following:

    • (i) at Montreal, every Tuesday and on any other day fixed by the Chief Justice of the Federal Court, and
  3. In order to provide the Court additional time to prepare and read the documents filed for motions days, rules 362, 364(3) and 365(1) have also been amended and set out as follows:
    • 362. (1) Subject to subsection (2), on a motion other than a motion under rule 369, a notice of motion and any affidavit required under rule 363 shall be served and filed at least three days before the day set out in the notice for the hearing of the motion.
    • (2) The Court may hear the motion on less than three days’ notice
    • 364. (3) Subject to subsections 51(2), 163(2) and 213(3), on a motion other than a motion under rule 369, the motion record shall be served and filed at least three days before the day set out in the notice of motion for the hearing of the motion.
    • 365. (1) Subject to subsections 213(4) and 369(2), a respondent to a motion shall serve a respondent’s motion record and file three copies of it not later than 2:00 p.m. on the day that is two days before the hearing of the motion.
  4. Rule 65 regarding the format of documents is amended to specify the requirement for a 12-point Times New Roman, Arial, or Tahoma font for court documents, including references.
  5. Rule 149 is amended to address the minor discrepancy between current rule 149, which allows for payment into court to be made by way of a bill of exchange drawn on a bank, trust company, etc., and Form 149, which refers to payments being made by way of certified cheque. It would be best to reconcile the two by amending rule 149 to add the words “certified cheque or other bill of exchange…”
  6. Subsection 237(6) is amended to correct an incorrect crossreference in subsection 237(6) regarding the examination of a party under a legal disability. The cross-reference has been changed from rule 121, which requires persons under legal disabilities to be represented, to subsection 115(1), which is a reference to the person who is appointed to represent the person under legal disability.
  7. Subsection 280(2) is amended to read “[w]ith leave of the Court, all or part of an affidavit or statement referred to in paragraph 279(b) may be taken as read into evidence by the witness.”
  8. Rule 305 is amended to provide for respondents who wish to appear in support of an application (following the jurisprudence in Sepracor Inc.). At the present time, the Rule allows only for respondents who wish to appear to oppose an application.
  9. Subsections 309(2) and 310(2) have been amended to eliminate the need to file an affidavit attaching the certified record or portion thereof. This will clarify the controversy in the interpretation of these rules referred to in Canada (Attorney General) v. Select Brand Distributors Inc., 2010 FCA 3, and essentially reiterates what the Canada Evidence Act says with respect to the admissibility of documents.
  10. A new rule 316.1 is created and it sets out exceptions to general procedures for ex parte applications and sets out which documents need not be served. A new rule 316.2 is also created to clarify the example of summary applications under section 231.7 of the Income Tax Act as an exception to the general procedure. A new Form 316.2 is also created to support the summary applications under the Income Tax Act.
  11. Paragraph 385(1)(a) is amended by adding the words “or make any orders,” which helps to make it more reflective of the general principle set out in rule 3. The amendment will read as follows: “give any directions or make any orders that are necessary for the just, most expeditious and least expensive determination of the proceeding on its merits.”
  12. Rule 439 regarding directions from the Court to the Sheriff is amended by adding the words “ a person at whose instance a writ of execution is issued.” This amendment allows for greater clarity and matches the wording used in rule 438.
  13. Form 301 is amended to replace the word “prepare” with the word “file” in the third paragraph in reference to a notice of appearance.
  14. Subsection 1(1) of Tariff A is amended. The amendment adds paragraph (h), which establishes a fee for the Anton Piller orders. It shall specify that the applicant must make a payment of $50 for each defendant added to an Anton Piller order.
    and
    Subsection 1(2) of Tariff A is amended by adding paragraph (c.1) for the filing fee for summary trial motions to be $50.
  15. Section 2 of Tariff A is amended regarding the value of “C” in the formula, removing the words “one-half” from the definition of variable “C” to read “C is the amount payable by the Administrator to a court reporter in respect of the portion of the trial or hearing conducted after the first three days;”.
  16. These Rules come into force on the day on which they are registered, with the exception of paragraphs 34(1)(b) and (c), which shall come into effect six months thereafter, as set out in subsections 2(2) and (3).

Consultation

Sections 45.1 through 46 of the Federal Courts Act provide that the rules concerning the practice and procedure before the Federal Court of Appeal and the Federal Court are established by the Rules Committee, subject to the approval of the Governor in Council.

These non-controversial amendments were approved in principle by the Rules Committee, which comprises the chief justices of the Federal Court of Appeal and the Federal Court; judges of both the Federal Court of Appeal and the Federal Court; the chief administrator of the Courts Administration Service; and practising lawyers designated by the Attorney General of Canada from both the private and public sectors, upon consultation with the chief justices of the Federal Court of Appeal and the Federal Court.

There has been much consultation on these procedural amendments with the public and members of the profession, as well as with the judiciary and the Courts Administration Service. The Rules Committee considered these amendments at various plenary Rules Committee meetings held in 2010, 2011 and 2012. The proposed amendments were also discussed at Bench and Bar Liaison Committee meetings in 2011 and 2012. The majority of the members present supported the proposals and found them to be useful to their practice and their clients.

At a plenary meeting of the Rules Committee held on November 26, 2010, a list of possible miscellaneous amendments to the Federal Courts Rules was discussed and reviewed.

Subsequently, at a plenary meeting of the Rules Committee, held on May 6, 2011, it was agreed that the list of possible miscellaneous changes to the Federal Courts Rules would be divided into two broad groups: procedural amendments and more substantive amendments. These Rules Amending the Federal Courts Rules are those which were identified as procedural in nature and form the basis of the proposed rule changes.

The Rules Committee issued a discussion paper entitled Possible Procedural Changes, and by way of initial consultation, circulated it to members of the profession and posted it on the Web sites of both the Federal Court of Appeal and the Federal Court. This discussion paper identified several possible issues that could form the basis for reform of the Rules and for which the Rules Committee invited input through its Secretary.

The Rules Committee reviewed the various comments received (from that discussion paper) at its next plenary meeting held on November 18, 2011, and drafting instructions were finalized and sent to the legislative drafters at the Department of Justice.

Finally, the Rules Committee approved the proposed Rules Amending the Federal Courts Rules at its plenary meeting held on May 11, 2012, and instructed that this set of miscellaneous amendments be prepublished in Part I of the Canada Gazette for further consultation with the public over a period of 60 days, as required by paragraph 46(4)(a) of the Federal Courts Act.

Prepublication

The proposed procedural amendments were published in the July 21, 2012, issue of the Canada Gazette, Part I, followed by a 60-day comment period. During that time, comments were received from members of the profession and members of the public. The comments could be summarized into the following four categories.

(1) Days and locations of general sittings of the Federal Court and the coming into force provisions

Questions were raised as to whether the general sitting day in Montréal is Tuesday only,according to the proposed amendments. The response provided was to the effect, rather, that the amendment proposes that the motion day in Montréal be changed to “Tuesday, and on any other day fixed by the Chief Justice of the Federal Court,” but only six months after the Rules have been registered.  Currently, there is a single motion day in Montréal, on Monday.

Reference must also be made to subsection 21(2), regarding the Coming into force provisions, which states,  “Subsections 2(2) and (3) come into force six months after the day on which these Rules are registered.”

A similar question was raised regarding the change in day to every Tuesday in Vancouver. It was explained that the amendments in subsection 2(1) were effected in order to address changes in the architecture of subsection 34(1). The amendments referred to in subsections (2) and (3) deal specifically with the change requested in the sitting days in Toronto and Vancouver [paragraph 34(1)(b)] and Montréal [subparagraph 34(1)(c)(i)], which, again, will come into effect only six months following registration, allowing sufficient time after the amendments take effect for the judicial administrator to make judicial assignments according to the revised rule. 

Finally, a question arose as to the header and the wording in subsection 34(1). It is clear that the changes are only to paragraphs (a) through (c), and not the header and the wording in subsection (1). In other words, the current wording under subsection 34(1) remains: “General sittings of the Federal Court for the hearing of motions shall be held, except during the Christmas or summer recess or on a holiday....”

(2) Certified material

Earlier comments were received from the Barreau du Québec on proposed amendments to rules 309 and 310 of the Federal Courts Rules, and their application to subsection 14(5) of the Citizenship Act. The Court responded to these comments, indicating that the Rules Committee is changing the rules regarding certified records, with the expectation that this will largely assist the bar with their concerns. Namely, the plenary Rules Committee seeks to relieve parties from having to include certified documents in an affidavit. This change will eliminate the need to file an affidavit attaching the certified records or portion thereof, and thereby clarify the interpretation of these rules referred to in Canada (Attorney General) v. Select Brand Distributors Inc., 2010 FCA 3. 

(3) Service and filing of motion record

A question was received regarding the timeline in the proposed amendment to subsection 364 (3),  “[...] the motion record shall be served and filed at least three days before the day set out in the notice of motion for the hearing of the motion,” and the interplay with the amendment to subsection 365(1), “[...] a respondent to a motion shall serve a respondent’s motion record [...] not later than 2:00 p.m. on the day that is two days before the hearing of the motion.”

This question is directly connected to how time limits are calculated under the Rules. Subject to a few exceptions, rule 6 of the Federal Courts Rules provides that timing is covered by the Interpretation Act [see specifically subsection 27(1)], which needs to be consulted to understand the timing issues in rules 364 and 365.

Under the proposed amendment to subsection 364(3), the moving party’s record must be served and filed “at least three days before the day set out in the motion record.” The use of “at least” triggers the “clear day” rule of subsection 27(1) of the Interpretation Act. This would mean that, for a Friday motion, the moving party’s record must be served and filed by Monday, as the day of filing and the day of the motion are excluded. Then, under the proposed subsection 365(1), the respondent would have to serve and file its motion records “no later than 2:00 p.m. on the day that is two days before the motion.” This would be 2 p.m. on Wednesday. With the moving party being subject to the “clear day” rule, there is more than a full day in between the moving party’s record and the responding party’s record. (This calculation reflects the current practice, except that the timeline is shorter under the current practice — the moving party’s record would be due on Tuesday and the responding party’s record would be due on Thursday.)

(4) Rule 65 — Format

In terms of the specific font identified in the proposed rule 65, one member of the profession suggested that the rule allow documents in Tahoma 12-point font. This font is larger and easier to read than either Times New Roman or Arial. The Rules Committee was in agreement with this proposed change.

The Rules Committee considered all submissions carefully at its most recent plenary meeting, held on November 9, 2012. In the end, it was determined that the submissions received were neither negative nor controversial. Therefore, the only change made to the Rules Amending the Federal Courts Rules, as set out in Part I of the Canada Gazette, would be the inclusion of the Tahoma font at Rule 65.

Contact

Chantelle Bowers
Secretary of the Rules Committee of the Federal Court of Appeal and the Federal Court
Ottawa, Ontario
K1A 0H9
Telephone: 613-995-5063
Fax: 613-941-9454
Email: Chantelle.Bowers@fca-caf.gc.ca