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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-06-20 and last amended on 2019-06-17. Previous Versions

PART 5Applications (continued)

Foreign Judgments and Arbitral Awards (continued)

Marginal note:Interest

  •  (1) Any interest on an amount payable under a foreign judgment that has accrued to the day of registration of the foreign judgment shall be added to the amount payable under the foreign judgment.

  • Marginal note:Interest

    (2) Unless the Court orders otherwise, an amount payable under a foreign judgment registered pursuant to an application under rule 327 bears interest from the day of registration at the rate set out in section 3 of the Interest Act.

Marginal note:Service of order for registration

 Unless the Court orders otherwise, a foreign judgment creditor who obtains an order for registration of a foreign judgment shall personally serve the order on the foreign judgment debtor, together with a translation thereof in the language of the foreign judgment and an affidavit attesting to its accuracy.

Marginal note:Execution

 Unless the Court orders otherwise, execution shall not be issued on a foreign judgment registered pursuant to an application under rule 327 until proof of service of the order for registration has been filed.

PART 5.1Class Proceedings

Application

Marginal note:Application

 This Part applies to actions and applications other than applications for judicial review under section 28 of the Act.

  • SOR/2007-301, s. 7

Marginal note:Applicability of rules for actions and applications

 Except to the extent that they are incompatible with the rules in this Part, the rules applicable to actions and applications, as the case may be, apply to class proceedings.

  • SOR/2007-301, s. 7

Proceedings That May Be Certified as Class Proceedings

Marginal note:By class member

  •  (1) Despite rule 302, a member of a class of persons may commence an action or an application on behalf of the members of that class, in which case the originating document shall be prefaced by the heading “Proposed Class Proceeding”.

  • Marginal note:Motion for certification of proceeding

    (2) The member shall bring a motion for the certification of the proceeding as a class proceeding and for the appointment of the member as representative plaintiff or applicant.

  • Marginal note:Who may be representative

    (3) The representative of a class shall be a person who may act as a plaintiff or an applicant under these Rules.

  • Marginal note:Originating document in immigration matters

    (4) For the purposes of subsection (1), in the case of an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, the originating document is the application for leave referred to in subsection 72(1) of that Act.

  • SOR/2007-301, s. 7

Marginal note:By defendant or respondent

  •  (1) A defendant to an action or a respondent to an application may, at any time, bring a motion for the certification of the proceeding as a class proceeding and for the appointment of a representative plaintiff or applicant.

  • Marginal note:Application of rule 334.16

    (2) Rule 334.16 applies to the certification of a proceeding referred to in subsection (1) as a class proceeding, with the exception, unless a judge orders otherwise, of subparagraphs 334.16(1)(e)(ii) and (iv) and paragraphs 334.16(3)(b) and (d).

  • SOR/2007-301, s. 7

Marginal note:Counterclaims

  •  (1) If a defendant to an action that was commenced by a member of a class of persons on behalf of the members of that class makes a counterclaim against the class, the counterclaim may not proceed unless it is certified as a class proceeding.

  • Marginal note:Defendant or respondent class proceeding

    (2) A party to an action or an application against two or more defendants or respondents may, at any time, bring a motion for the certification of the proceeding as a class proceeding and for the appointment of a representative defendant or respondent.

  • Marginal note:Necessary modifications

    (3) This Part applies, with any necessary modifications, to a counterclaim referred to in subsection (1) and to a proceeding referred to in subsection (2).

  • SOR/2007-301, s. 7

Motion for Certification

Marginal note:Time of service and filing

  •  (1) A notice of motion for the certification of a proceeding as a class proceeding and the affidavit in support of that motion shall be served and filed

    • (a) in an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, at the time fixed by the case management judge assigned to the proceeding; or

    • (b) in any other proceeding, at least 14 days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Return of motion — actions

    (2) In the case of an action, the motion shall be made returnable no later than 90 days after the later of

    • (a) the day on which the last statement of defence was filed, and

    • (b) the day on which, under rule 204, the last statement of defence is required to be served and filed.

  • Marginal note:Return of motion — applications

    (3) In the case of an application, the motion shall be made returnable

    • (a) in an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act, at the time fixed by the case management judge assigned to the proceeding; or

    • (b) in any other application, no later than 30 days after the issuance of the notice of application.

  • Marginal note:Affidavit in response

    (4) A person who serves and files an affidavit in response to a notice of motion and affidavit shall serve and file it at least five days before the day set out in the notice for the hearing of the motion.

  • Marginal note:Content of affidavit

    (5) A person filing an affidavit under subsection (1) or (4) shall set out in the affidavit

    • (a) the material facts on which the person intends to rely at the hearing of the motion;

    • (b) that the person knows of no fact material to the motion that has not been disclosed in the person’s affidavit; and

    • (c) to the best of the person’s knowledge, the number of members in the proposed class.

  • SOR/2007-301, s. 7

Certification

Marginal note:Conditions

  •  (1) Subject to subsection (3), a judge shall, by order, certify a proceeding as a class proceeding if

    • (a) the pleadings disclose a reasonable cause of action;

    • (b) there is an identifiable class of two or more persons;

    • (c) the claims of the class members raise common questions of law or fact, whether or not those common questions predominate over questions affecting only individual members;

    • (d) a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact; and

    • (e) there is a representative plaintiff or applicant who

      • (i) would fairly and adequately represent the interests of the class,

      • (ii) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members as to how the proceeding is progressing,

      • (iii) does not have, on the common questions of law or fact, an interest that is in conflict with the interests of other class members, and

      • (iv) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record.

  • Marginal note:Matters to be considered

    (2) All relevant matters shall be considered in a determination of whether a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact, including whether

    • (a) the questions of law or fact common to the class members predominate over any questions affecting only individual members;

    • (b) a significant number of the members of the class have a valid interest in individually controlling the prosecution of separate proceedings;

    • (c) the class proceeding would involve claims that are or have been the subject of any other proceeding;

    • (d) other means of resolving the claims are less practical or less efficient; and

    • (e) the administration of the class proceeding would create greater difficulties than those likely to be experienced if relief were sought by other means.

  • Marginal note:Subclasses

    (3) 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 judge shall not certify the proceeding as a class proceeding unless there is a representative plaintiff or applicant who

    • (a) would fairly and adequately represent the interests of the subclass;

    • (b) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the subclass and of notifying subclass members as to how the proceeding is progressing;

    • (c) does not have, on the common questions of law or fact for the subclass, an interest that is in conflict with the interests of other subclass members; and

    • (d) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record.

  • SOR/2007-301, s. 7
 
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