Federal Courts Rules (SOR/98-106)

Regulations are current to 2014-09-29 and last amended on 2013-08-08. Previous Versions

Marginal note:Contents of order
  •  (1) An order certifying a proceeding as a class proceeding shall

    • (a) describe the class;

    • (b) state the name of the representative plaintiff or applicant;

    • (c) state the nature of the claims made on behalf of the class;

    • (d) state the relief claimed by or from the class;

    • (e) set out the common questions of law or fact for the class; and

    • (f) specify the time and manner for class members to opt out of the class proceeding.

  • Marginal note:Subclasses

    (2) If the judge determines that a class includes a subclass whose members have claims that raise common questions of law or fact that are not shared by all of the class members so that the protection of the interests of the subclass members requires that they be separately represented, the certifying order shall include the information referred to in subsection (1) in respect of the subclass.

  • SOR/2007-301, s. 7.
Marginal note:Grounds that may not be relied on

 A judge shall not refuse to certify a proceeding as a class proceeding solely on one or more of the following grounds:

  • (a) the relief claimed includes a claim for damages that would require an individual assessment after a determination of the common questions of law or fact;

  • (b) the relief claimed relates to separate contracts involving different class members;

  • (c) different remedies are sought for different class members;

  • (d) the precise number of class members or the identity of each class member is not known; or

  • (e) the class includes a subclass whose members have claims that raise common questions of law or fact not shared by all of the class members.

  • SOR/2007-301, s. 7.
Marginal note:Amendment and decertification

 A judge may, on motion, amend an order certifying a proceeding as a class proceeding or, if the conditions for certification are no longer satisfied with respect to the proceeding, decertify it.

  • SOR/2007-301, s. 7.
Marginal note:Continuation of action

 If a judge refuses to certify a proceeding as a class proceeding or decertifies a proceeding, the judge may permit the proceeding to continue as one or more proceedings and may make any appropriate order in that regard.

  • SOR/2007-301, s. 7.

Opting Out and Exclusion

Marginal note:Voluntary
  •  (1) A class member involved in a class proceeding may opt out of the proceeding within the time and in the manner specified in the order certifying the proceeding as a class proceeding.

  • Marginal note:Automatic

    (2) A class member shall be excluded from the class proceeding if the member does not, before the expiry of the time for opting out specified in the certifying order, discontinue a proceeding brought by the member that raises the common questions of law or fact set out in that order.

  • SOR/2007-301, s. 7.