Marginal note:Where deceased has no representative
113. (1) Where a party to a proceeding is deceased and the estate of the deceased is not represented, the Court may appoint a person to represent the estate of the deceased or order that the proceeding continue without representation of the estate.
(2) Before making an order under subsection (1), the Court may require that notice be given to all persons who have an interest in the estate of the deceased.
Marginal note:Representative proceedings
114. (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that
(a) the issues asserted by or against the representative and the represented persons
(i) are common issues of law and fact and there are no issues affecting only some of those persons, or
(ii) relate to a collective interest shared by those persons;
(b) the representative is authorized to act on behalf of the represented persons;
(c) the representative can fairly and adequately represent the interests of the represented persons; and
(d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding.
Marginal note:Powers of the Court
(2) At any time, the Court may
(a) determine whether the conditions set out in subsection (1) are being satisfied;
(b) require that notice be given, in a form and manner directed by it, to the represented persons;
(c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and
(d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately.
Marginal note:Orders in representative proceeding
(3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court.
Marginal note:Approval of discontinuance or settlement
(4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court.
Marginal note:Style of cause
(5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”.
- SOR/2007-301, s. 4.
Marginal note:Appointment of representatives
115. (1) The Court may appoint one or more persons to represent
(a) unborn or unascertained persons who may have a present, future, contingent or other interest in a proceeding; or
(b) a person under a legal disability against or by whom a proceeding is brought.
Marginal note:Who may be appointed
(2) The Court may appoint as a representative under subsection (1)
(a) a person who has already been appointed as such a representative under the laws of a province; or
(b) a person eligible to act as a representative in the jurisdiction in which the person to be represented is domiciled.
Marginal note:Order binding on represented person
(3) Unless the Court orders otherwise, a person for whom a representative is appointed under subsection (1) is bound by any order made in the proceeding.
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