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Federal Court of Appeal Electronic Filing System

E-FILING SYSTEM TERMS OF USE

Last Updated: 2023-12-21

These Terms of Use govern your use of and access to the Federal Court of Appeal (the “Court”) electronic filing system (“E-Filing System”), which was created by the Courts Administration Service (“CAS”) and which is managed, made available, and maintained for the Court by CAS. These Terms of Use also govern the messages, information, data, text, software, images, and other content made available by the E Filing System (the “Content”). The E-Filing System allows you to file certain documents with the Registry of the Court (the “Registry”). These Terms of Use exempt the Government of Canada (including CAS), the Court, and others from liability and contain other important provisions that you must read and accept before using the E Filing System. In these Terms of Use, all references to the “Government of Canada” are references to His Majesty the King in Right of Canada as represented by the Chief Administrator, Courts Administration Service.

By clicking or tapping “I Agree” in connection with these Terms of Use or by accessing the E Filing System, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use the E-Filing System. Use of the E-Filing System is voluntary, and you may access the Registry and the Court without using the E-Filing System.

If you are using the E-Filing System on behalf of an organization (such as a corporation or law firm partnership) or on behalf of another person (for example, as counsel or otherwise as a representative of another person), then you must also agree to these Terms of Use on behalf of your organization or such other person, as the case may be, as their representative, and you represent that you are authorized to do so. If you are using the E-Filing System on behalf of an organization or other person, all references to “you” in these Terms of Use include such organization or person, as applicable.

You must comply with these Terms of Use and the laws and rules that apply to the proceeding for which you are filing documents when you access and use the E-Filing System. Your privileges to use and access the E-Filing System will be terminated if in the judgment of CAS or the Court they are being misused or if you violate these Terms of Use or any laws or rules. If you experience a problem with the E-Filing System, you may contact the Registry.

Documents that you submit for filing through the E-Filing System are not considered successfully filed until accepted for filing by the Registry or the Court. When it is working properly, the E-Filing System usually sends a system-generated email confirming that a document was accepted for filing. It also sends other types of confirmation emails unrelated to whether a document was accepted for filing. The E-Filing System is offered as a tool to enhance access to the Court, but is provided “as is.” Regular maintenance and unexpected outages may occur at any time. Parties are solely responsible for meeting any applicable filing deadlines, regardless of any system outages or interruptions.

Your use of and access to the E-Filing System

The E-Filing System is provided for the limited purposes of providing a way for parties, tribunals, interveners, and prospective interveners in proceedings before the Court, either directly or through their representatives, to transmit or file electronic documents to the Registry through the E-Filing System web application.

Your use of the E-Filing System and access to any Content on the E-Filing System are subject to these Terms of Use and are subject to all applicable laws and policies, which include the laws, rules, and policies that govern the relevant proceedings before the Court and which include, but are not limited to:

The E-Filing System does not provide for service of documents on other parties.

There are no transaction fees to use the E-Filing System. However, other fees may apply under Tariff A of the Federal Courts Rules. If the document you are submitting requires payment of a fee, your document will only be processed and filed once you provide payment. The E-Filing System provides for secure online payments. Other methods of payment remain available outside of the E-Filing System.

The time of receipt of such documents by the Court shall be determined in accordance with any applicable laws, including the Federal Courts Rules, and any applicable Notices to the Parties and to the Profession and Practice Directions, as amended from time to time.

By using and accessing the E-Filing System, you represent and warrant the following:

  • You are a party to the proceeding, an intervener to the proceeding, are seeking to be an intervener to the proceeding, or are a representative of any of the foregoing, with respect to the documents you file using the E-Filing Service, or you are the representative of a tribunal transmitting documents to the Registry in accordance with Rules 317–319 of the Federal Courts Rules.
  • You have legal authority to file documents with the Court. Your use of the E-Filing System and your documents comply with all applicable laws, rules, policies, orders, directions, judgments and notices.
  • Your use of the E-Filing System is voluntary. You agree that you have other ways of submitting and filing documents, and of paying any applicable fees, outside of the E-Filing System.
  • You understand that documents filed using the E-Filing System shall be in PDF (Portable Document Format) or any other format that is approved by the Court. You understand that the documents submitted for filing through the E-Filing System are not considered successfully filed until accepted by the Registry or the Court.
  • You are solely responsible for filing your own documents and for complying with all deadlines, even if the E-Filing System is unavailable, is interrupted, or malfunctions. You are solely responsible for obtaining all required authorizations and all necessary rights, including authorization from any person you represent, regarding the documents you submit using the E-Filing System.
  • You are solely responsible for obtaining and maintaining the equipment and means (e.g., internet connection, device, and compatible web browser) needed to connect to, access, and use the E-Filing System.

Confidential Documents

The E-Filing System is not currently configured to handle confidential documents. Therefore, confidential documents must not be uploaded to the E-Filing System.

Disclaimer

The E-Filling System is provided on an “as is” basis. You assume the full risk in respect of the use of the E-Filing System. The Government of Canada (including CAS) does not guarantee that the E-Filing System will function without error, interruption, failure, or fault and makes no, and expressly disclaims any, representations, warranties, and conditions with respect to the E-Filing System, including as to the E-Filing System’s performance, quality, merchantability, or fitness for a particular purpose. The Government of Canada (including CAS) does not guarantee the accuracy, completeness, or correctness of the Content. The E-Filing System may be unavailable from time to time, for short or long periods, for any reason.

Limitation and Indemnity

In no event will the Government of Canada (including CAS) or the Court, or their agents, contractors, employees, and other representatives (“Representatives”), be liable for any damages, including direct, indirect, general, special, or consequential damages, arising out of the use of, or inability to use, the E-Filing System, including but not limited to damages for personal injury, loss of profits, and loss of data. Without limiting the foregoing, the Government of Canada (including CAS), the Court, and their Representatives will not be responsible for any incomplete or corrupted document, missed deadline, or inability to file documents using the E-Filing System for any reason.

You release the Government of Canada (including CAS), the Court, and their Representatives from all liability, and disclaim all claims against them, in connection with the E-Filing System, including for loss or damage arising out of errors, interruptions, defects, failures, delays, or malfunctions of the E-Filing System.

Prohibited Use

You will not use, or permit anyone else to use, the E-Filing System in any way that:

  • violates these Terms of Use or any laws and rules or that facilitates or encourages any such violation,
  • restricts or inhibits any person from using or accessing the E-Filing System,
  • copies or distributes the Content and/or the E-Filing System,
  • disseminates a virus, worm, malicious code, corruption or any other destructive elements or items that might damage, disable, overburden, disrupt, or limit the operation or functionality of the E-Filing System or any other hardware, software, or connectivity,
  • modifies, reproduces, or spoofs the E-Filing System,
  • scrapes or mines the E-Filing System or any portion of it, including data, documents and information uploaded to it,
  • impersonates another person or uses or attempts to use the identity of another person, including without limitation any official or employee of the Court or another party to a file, or falsely states or otherwise misrepresents your affiliation with any person,
  • violates or infringes the rights of any person,
  • is hateful, harassing, discriminatory, or is otherwise objectionable, as reasonably determined by CAS, or
  • otherwise interferes with, disrupts, or limits the operation or functionality of the E-Filing System.

Collection of Information and Privacy

The Privacy Statement available here describes how personal information is collected, used, and disclosed in connection with the E-Filing System. Please review the Privacy Statement. By providing your email address through the E-Filing System, you agree to allow CAS to contact you by email in connection with the E-Filing System and the Court process.

Online Payments

If you choose to use the E-Filing System to pay Tariff A fees, you agree that CAS is authorized to charge or withdraw from your desired method of payment all fees for such filings. You acknowledge and agree that: (a) your agreement with your method of payment issuer governs use of that method of payment, and you must refer to that agreement to ascertain your rights and liabilities when using that method of payment, including any additional charges or fees applied by your method of payment issuer; (b) you are responsible for any additional charges or fees applied by your method of payment issuer to you; and (c) you are responsible for checking your method of payment issuer account information.

General

The “last updated” date at the beginning of these Terms of Use indicates when these Terms of Use were last amended. CAS may amend these Terms of Use at its sole discretion at any time without prior notice to you by updating these Terms of Use on the E-Filing System. You are responsible for reviewing these Terms of Use before you use the E-Filing System each time that you use the System. Your access or use of the E-Filing System or any Content after any amendment signifies your acceptance of the revised Terms of Use.

CAS controls the E-Filing System from its offices within the Province of Ontario, Canada. By using the E-Filing System, you agree that the federal laws of Canada and the applicable laws of the Province of Ontario will govern all matters relating to your use of the E-Filing System. You agree and hereby submit to the jurisdiction of the federal courts of Canada with respect to such matters and, to the extent such courts also have jurisdiction over such matters, the jurisdiction of the superior courts of the Province of Ontario.

CAS may terminate, restrict, suspend, or discontinue any aspect of the E-Filing System as well as your access to the E-Filing System at its sole discretion and without prior notice and without any liability to you.

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