Marginal note:Approval of payments

334.4 No payments, including indirect payments, shall be made to a solicitor from the proceeds recovered in a class proceeding unless the payments are approved by a judge.

Marginal note:Application

335. This Part applies to

• (a) appeals to the Federal Court of Appeal from the Federal Court, including appeals from interlocutory orders;

• (b) appeals to the Federal Court of Appeal from the Tax Court of Canada under subsections 27(1.1) and (1.2) of the Act; and

• (c) appeals to the Court under an Act of Parliament, unless otherwise indicated in that Act or these Rules.

Definition of “first instance”

336. In this Part, “first instance” means a proceeding in the Federal Court, the Tax Court of Canada or the tribunal whose order is being appealed.

Marginal note:Content of general notice of appeal

337. An appeal, other than an appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act, shall be commenced by a notice of appeal, in Form 337, setting out

• (a) the name of the court to which the appeal is taken;

• (b) the names of the parties;

• (c) a precise statement of the relief sought;

• (d) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

• (e) the name of the court or tribunal appealed from;

• (f) the date and details of the order under appeal; and

• (g) the place proposed for the hearing of the appeal.

Marginal note:Content of notice of appeal — certain judgments of Tax Court of Canada

337.1 An appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act shall be commenced by a notice of appeal, in Form 337.1, setting out

• (a) the names of the parties;

• (b) a precise statement of the relief sought;

• (c) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

• (d) the date and details of the final judgment under appeal; and

• (e) the place proposed for the hearing of the appeal.