Federal Courts Rules (SOR/98-106)

Marginal note:Leave to examine others — actions

• 334.22 (1) A party in an action that has been certified as a class proceeding may examine a class member, other than the representative plaintiff, for discovery only on leave granted by the Court and only after the examination of the representative plaintiff.

• Marginal note:Considerations

  (2) In deciding whether to grant leave to examine class members, the Court shall consider all relevant matters, including

  • (a) the stage of the class proceeding and the issues to be determined at that stage;

  • (b) the presence of subclasses;

  • (c) the necessity of an examination in view of the claims or defences of the party seeking leave;

  • (d) the approximate monetary value of any individual claims; and

  • (e) the possibility that the examination might result in undue burden or expense for the class members sought to be examined.

• Marginal note:Application of sanctions

  (3) A class member is subject to the same sanctions under these Rules as a party for failure to submit to an examination.

Marginal note:By class members

• 334.23 (1) To ensure the fair and adequate representation of the interests of a class or any subclass, the Court may, at any time, permit one or more class members to participate in the class proceeding.

• Marginal note:Directions

  (2) When permitting a class member to participate in the proceeding, the Court shall give directions regarding the role of the participant, including matters relating to costs and to the procedures to be followed.

Marginal note:Separate judgments

• 334.24 (1) A judge may give a single judgment in respect of the common questions of law or fact and separate judgments in respect of any other questions.

• Marginal note:Content

  (2) A judgment on questions of law or fact that are common to a class or subclass shall

  • (a) set out the common questions of law or fact;

  • (b) name or describe the class or subclass members to the extent possible;

  • (c) state the nature of the claims asserted on behalf of the class or subclass; and

  • (d) specify the relief granted.

Marginal note:Common questions

• 334.25 (1) A judgment on questions of law or fact that are common to a class or subclass binds every class or subclass member who has not opted out of or been excluded from the class proceeding, but only to the extent that the judgment determines common questions of law or fact that

  • (a) are set out in the certifying order;

  • (b) relate to claims described in that order; and

  • (c) relate to relief sought by the class or subclass as stated in that order.

• Marginal note:Subsequent actions

  (2) A judgment on common questions of law or fact of a class or subclass does not bind a party to the class proceeding in any subsequent proceeding between the party and a member who has opted out of or been excluded from the class proceeding.