TO: Notice to the Parties and Members of the Legal Profession

FROM: Chief Justice , of Appeal and

1. Scope of Protocol Chief Justice , Federal Court

DATE: October 22, 2010

SUBJECT: TRANSMISSION OF ORDERS, JUDGMENTS, REASONS AND REFEREE'S REPORTS R.S.C., 1985, c. C-29. On August 4, 2010, amendments to rules 395 and 161 of the Federal Courts Rules came into force (see SOR-2010-177 published in the Gazette, Part II (http://gazette.gc.ca/rp-pr/p2/ sultant. 2010/2010-08-18/html/sor-dors177-eng.html).

The amendments are designed to accelerate the transmission of orders and eliminate unneces- in which such allegations are made. sary duplication while maintaining the integrity of the Court file.

Amendments to rules 395 and 161 now authorize the electronic transmission of orders, judg- ments, reasons for order and referee reports (€œorders) to litigants where the Registry obtains proof of receipt and places it on the Court file.

Beginning October 25, 2010 most litigants will begin receiving orders either by electronic mail or by facsimile.

Where an order is transmitted by electronic mail, litigants will be asked to acknowledge proof of receipt within 2 days by way of a return email. Where receipt is not acknowledged within the re- quired time, the Registry will transmit a paper copy of the order.

Where a successful facsimile transmission receipt has been obtained or where an email acknowl- edgment has been received, the Registry will no longer transmit a paper copy of the order.

It is important for litigants to ensure that the contact information they have provided to the Reg- istry remains current.

The amendments to rules 395 and 161 also permit the Chief Justices to direct that orders be transmitted by any other means likely to bring the orders to the attention of the parties. notice from current counsel. While orders may still be transmitted by way of registered mail, the use of other postal and courier iii. If after reviewing the response of the former counsel or authorized representa services, where such services permit the Registry to track the order, has been authorized pur- iii. If after reviewing the response of the former counsel ortiv aute, currenthorized counse represental believes that there may be merit to the allegations, current suant to rules 395(4) and 161(4). tive, current counsel believes that there may be merit to tcounsehe allegations,l may fil ecurrent the app lication or appeal record with the Court. Any perfected ap counsel may file the application or appeal record with thpe lCourtication. Anywhic perh raisesfected a llapegations against the former counsel or authorized represen plication which raises allegations against the formerCertified counsel orcopies auth oriof orders,zed represen if required by a party, may be obtained by making a request to the Reg- istry.tative must be served on the former counsel or authorized representative and proof tative must be served on the former counsel or authorizedof representati service be prove vandided proo to thf e Court. The application will be served on the respondent of service be provided to the Court. The application will be served on the respondent Pierrein Blais the normal course. in the normal course.

Allani v.Lutfy Where current counsel is investigating the allegations against the former iv. Where current counsel is investigating the allegationscounse againstl or aut thheori formerzed representati ve and it becomes apparent that his or her pursuit counsel or authorized representative and it becomes apparent that his or her pursuit Chiefo Justice,f this investigation may delay the perfection of the application record or appeal of this investigation may delay the perfection of the applicationrecord recordbeyond or th appeae timell ines provided for by the Rules, current counsel may apply by record beyond the timelines provided for by the Rules, current counsel may apply by Chiefmotion Justice, for an extension of time to perfect the record. motion for an extension of time to perfect the record. Federalv. I fCourt the former of Appeal counsel or authorized representative wishes to respond to the allega v. If the former counsel or authorized representative wishtionses to made respond in t htoe trecord,he allega he or she may do so in writing by sending a written re tions made in the record, he or she may do so in writingFederal bysponse sending Court to current a written counse re l and to counsel for the Respondent within ten days of ser- sponse to current counsel and to counsel for the Respondentvice witof thhine appten ldaysication of seror appea- l record or such further time as the Court may direct. vice of the application or appeal record or such further time as the Court may direct. vi. Current counsel who wishes to respond to the communication received from the vi. Current counsel who wishes to respond to the communicationformer counse receivled or f autromh orithez ed representative must file a motion under Rule 369 for former counsel or authorized representative must file a motionan extension under oRuf timele 36 and9 for for leave to file further written submissions with respect to an extension of time and for leave to file further written submissionsthe new materia withl respectreceived to. Any relevant evidence shall be included in the motion the new material received. Any relevant evidence shall berecord included and in fi ltedhe bymotion way of affidavit, including any response from the former counsel record and filed by way of affidavit, including any responseor aut fromhori thzeed former representati counsevle and documentation of a complaint made to the appro or authorized representative and documentation of a comppriatelaint pro madevincia to lt hore approfederal governing body. priate provincial or federal governing body. vii. If no response from the former counsel or authorized representative is received vii. If no response from the former counsel or authorizedwit representatihin ten daysve oisf receiservice,ved and no extension of time has been granted, current coun within ten days of service, and no extension of time has beensel must granted, advise current the Court coun and the respondent that no further information from the sel must advise the Court and the respondent that no furtformerher inf ormationcounsel or f romauth torihez ed representative is being submitted and the Court shall former counsel or authorized representative is being submittedbase its and decision the Court on th esh appall lication for leave or the application, as the case may be, base its decision on the application for leave or the application,on the materiaas the casel fil edmay by be, th e applicant and respondent without any further notifica on the material filed by the applicant and respondent wittionhout to any the f urtformerher noti counsefical or authorized representative. tion to the former counsel or authorized representative. 3. Steps upon Leave Being Granted or an Appeal Proceeding to Hearing 3. Steps upon Leave Being Granted or an Appeal Proceeding to Hearing If, upon reviewing the materials filed, the Court decides to grant leave, the following If, upon reviewing the materials filed, the Court decides toprocedure grant lea wive,ll tapphe floyll:owing procedure will apply: i. Current counsel will provide a copy of the order granting leave or the order(s) set i. Current counsel will provide a copy of the order grantingting lteahev ematter or the downorder f(ors) sethearing to the former counsel or authorized representative ting the matter down for hearing to the former counsel orfort authhwitorih.zed representative forthwith. ii. If the former counsel or authorized representative deems his or her further partic ii. If the former counsel or authorized representative deemsipation his orin hthere fproceedingsurther partic necessary, he or she may make a motion pursuant to ipation in the proceedings necessary, he or she may makeRu a lmotiones 109 andpursuant 369 for to l eave to intervene. It is presumed that in most cases, if leave to Rules 109 and 369 for leave to intervene. It is presumed tinterhat invene most is grantedcases, if ltoea tvhee to former counsel or authorized representative, written sub intervene is granted to the former counsel or authorized missionsrepresentati willv bee, writtenpermitted sub. missions will be permitted. While orders may still be transmitted by way of registered mail, the use of other postal and courier services, where such services permit the Registry to track the order, has been autho- rized pursuant to rules 395(4) and 161(4).

Certified copies of orders, if required by a party, may be obtained by making a request to the Registry.

Pierre Blais Allan Lutfy Chief Justice, Chief Justice, Federal Court of Appeal Federal Court