Federal Courts Rules (SOR/98-106)

Marginal note:Individual questions

• 334.26 (1) If a judge determines that there are questions of law or fact that apply only to certain individual class or subclass members, the judge shall set a time within which those members may make claims in respect of those questions and may

  • (a) order that the individual questions be determined in further hearings;

  • (b) appoint one or more persons to evaluate the individual questions and report back to the judge; or

  • (c) direct the manner in which the individual questions will be determined.

• Marginal note:Judge may give directions

  (2) In those circumstances, the judge may give directions relating to the procedures to be followed.

• Marginal note:Who may preside

  (3) For the purposes of paragraph (1)(a), the judge who determined the common questions of law or fact, another judge or, in the case of a claim referred to in subsection 50(3), a prothonotary may preside over the hearings of the individual questions.

Marginal note:Defendant’s liability

334.27 In the case of an action, if, after determining common questions of law or fact in favour of a class or subclass, a judge determines that the defendant’s liability to individual class members cannot be determined without proof by those individual class members, rule 334.26 applies to the determination of the defendant’s liability to those class members.

Marginal note:Assessment of monetary relief

• 334.28 (1) A judge may make any order in respect of the assessment of monetary relief, including aggregate assessments, that is due to the class or subclass.

• Marginal note:Distribution of monetary relief

  (2) A judge may make any order in respect of the distribution of monetary relief, including an undistributed portion of an award that is due to a class or subclass or its members.

• Marginal note:Special modes of proof

  (3) For the purposes of this rule, a judge may order any special modes of proof.

Marginal note:Approval

• 334.29 (1) A class proceeding may be settled only with the approval of a judge.

• Marginal note:Binding effect

  (2) On approval, a settlement binds every class or subclass member who has not opted out of or been excluded from the class proceeding.

Marginal note:Approval

334.3 A proceeding commenced by a member of a class of persons on behalf of the members of that class may only be discontinued with the approval of a judge.