THE ADVOCATE ADVOCATE V O L . 7 6 P A R T 1 J A N U A R Y 2 0 1 8 101
By the Honourable Suzanne Anton, Q.C.*
Federal Court of Canada
Notice to the Parties and the Profession
Informal Requests for Interlocutory Relief
August 25, 2017
This notice serves to clarify the court’s expectations regarding informal
requests for interlocutory relief under the Federal Courts Rules (the “Rules”).
The animating spirit of this notice is Rule 3, which states: 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.
Interlocutory relief (under this notice) includes a request for extension or
abridgement of time, leave to amend a pleading or the style of cause, bifurcation,
consolidation of proceedings, security for costs and relief in respect
of other procedural matters.
Where the rules provide for interlocutory relief only upon the filing of a
motion, a moving party may seek leave, by way of letter, to be relieved from
the requirement to bring a formal motion if the following requirements are
met. In particular, the letter must:
a. confirm that all parties either consent to the request or do not
oppose the request;
b. set out all facts relevant to the request;