Federal Courts Rules (SOR/98-106)

Marginal note:No costs

• 334.39 (1) Subject to subsection (2), no costs may be awarded against any party to a motion for certification of a proceeding as a class proceeding, to a class proceeding or to an appeal arising from a class proceeding, unless

  • (a) the conduct of the party unnecessarily lengthened the duration of the proceeding;

  • (b) any step in the proceeding by the party was improper, vexatious or unnecessary or was taken through negligence, mistake or excessive caution; or

  • (c) exceptional circumstances make it unjust to deprive the successful party of costs.

• Marginal note:Individual claims

  (2) The Court has full discretion to award costs with respect to the determination of the individual claims of a class member.