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Electronic Service of Documents for the duration of the Suspension Period

TO:

Members of the Legal Profession and all parties to proceedings in the Federal Court of Appeal

FROM:

The Honourable Marc Noël, Chief Justice

DATE:

May 26, 2021

SUBJECT:

PRACTICE DIRECTION – Electronic Service of Documents for the duration of the Suspension Period


[1] The Federal Courts Rules allow for electronic service of documents where a notice of consent has been filed with the Court: see Rule 141 and Form 141A.

[2] Effective immediately and for the duration of the Suspension Period announced on March 19, 2020 and extended indefinitely on June 11, 2020:

  • all parties must include an electronic address for service on all documents filed in proceedings before the Federal Court of Appeal. An exception is made for parties who do not have reliable, regular access to a computer and email address; and
  • a party who files a document in a proceeding in the Federal Court of Appeal that contains an email address will be deemed to have consented to electronic service of documents at that address pursuant to Rule 141 for the purposes of that proceeding.

[3] Personal service on the Crown pursuant to Rule 133 may be effected by filing one electronic copy of the document with the Registry and paying any requisite filing fee. If service is effected in this manner, the party is relieved from the requirement in that Rule to file additional two paper copies.

[4] A party may revoke their deemed consent to electronic service in a proceeding by filing and serving a notice of withdrawal of consent in accordance with Rule 141: see Form 141B.

[5] Any issues or hardship arising from the application of this direction may be brought to the Court’s attention via an informal motion submitted in writing.

"Marc Noël"
Chief Justice,
Federal Court of Appeal