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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 5.1Class Proceedings (continued)

Judgments (continued)

Marginal note:Defendant’s liability

 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.

  • SOR/2007-301, s. 7

Marginal note:Assessment of monetary relief

  •  (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.

  • SOR/2007-301, s. 7

Settlements

Marginal note:Approval

  •  (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.

  • SOR/2007-301, s. 7

Discontinuance

Marginal note:Approval

 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.

  • SOR/2007-301, s. 7

Appeals

Marginal note:Individual questions

  •  (1) A class member may appeal any order determining or dismissing the member’s claim in respect of one or more individual questions.

  • Marginal note:Representative plaintiff or applicant failing to appeal

    (2) If a representative plaintiff or applicant does not appeal an order, or does appeal and later files a notice of discontinuance of the appeal, any member of the class for which the representative plaintiff or applicant had been appointed may apply for leave to exercise the right of appeal of that representative within 30 days after

    • (a) the expiry of the appeal period available to the representative, if the representative does not appeal; or

    • (b) the day on which the notice of discontinuance is filed, if the representative appeals and later files a notice of discontinuance of the appeal.

  • SOR/2007-301, s. 7

Notices

Marginal note:Who gives notice

  •  (1) Notice that a proceeding has been certified as a class proceeding shall be given by the representative plaintiff or applicant to the class members.

  • Marginal note:Dispensation

    (2) A judge may dispense with the giving of notice after considering the factors set out in subsection (3).

  • Marginal note:Factors

    (3) A judge shall order when and by what means notice is to be given after considering the following factors:

    • (a) the cost of giving notice;

    • (b) the nature of the relief sought;

    • (c) the size of the individual claims of the class members;

    • (d) the number of class members;

    • (e) the presence of subclasses;

    • (f) the likelihood that some or all of the class members will opt out of the class proceeding; and

    • (g) the places of residence of class members.

  • Marginal note:How given

    (4) The order may provide that notice be given by

    • (a) personal delivery;

    • (b) mail;

    • (c) posting, publishing, advertising or the distribution of leaflets;

    • (d) individually notifying a sample group within the class; or

    • (e) any other appropriate means or combination of appropriate means.

  • Marginal note:Content of notice

    (5) The notice shall

    • (a) describe the proceeding, including the names and addresses of the representative plaintiff or applicant, and the relief sought;

    • (b) state the time and manner for a class member to opt out of the proceeding;

    • (c) describe the possible financial consequences of the proceeding to the class and subclass members;

    • (d) summarize any agreements respecting fees and disbursements

      • (i) between the representative plaintiff or applicant and that representative’s solicitor, and

      • (ii) if the recipient of the notice is a member of a subclass, between the representative plaintiff or applicant for that subclass and that representative’s solicitor;

    • (e) in the case of an action, describe any counterclaim being asserted by or against the class or any subclass, including the relief sought in the counterclaim;

    • (f) state that the judgment on the common questions of law or fact for the class or subclass, whether favourable or not, will bind all of the class members or subclass members who do not opt out of the proceeding;

    • (g) describe the right, if any, of the class or subclass members to participate in the proceeding; and

    • (h) give an address to which class members may direct inquiries about the proceeding.

  • Marginal note:Request for contributions

    (6) With leave of the judge, the notice may include a solicitation of contributions from the class or subclass members to assist in paying the fees and disbursements of the solicitor of record.

  • SOR/2007-301, s. 7

Marginal note:Notice of determination of common questions

 If common questions of law or fact are determined in favour of the class or a subclass, the representative plaintiff or applicant for the class or subclass shall give notice of that determination to the class or subclass members in accordance with the directions of a judge in respect of the content of and means of giving the notice.

  • SOR/2007-301, s. 7

Marginal note:Notice of settlement

 Notice that an offer to settle has been made or that a settlement has been approved under rule 334.29 shall be given by the representative plaintiff or applicant to the class or subclass members in accordance with the directions of a judge in respect of the content of and means of giving the notice.

  • SOR/2007-301, s. 7

Marginal note:Notice to others

  •  (1) A judge may, at any time, order any party to give any notice that the judge considers necessary to protect the interests of any class member or party or to ensure the fair conduct of the proceeding.

  • Marginal note:Application of subsections 334.32(3) and (4)

    (2) Subsections 334.32(3) and (4) apply to a notice given under this rule.

  • SOR/2007-301, s. 7

Marginal note:Order

 A judge may order any party to give a notice under rules 334.32 to 334.35.

  • SOR/2007-301, s. 7

Marginal note:Prior approval of notices

 Notices referred to in rules 334.32 to 334.35 shall not be given unless they have been approved by a judge.

  • SOR/2007-301, s. 7

Marginal note:Expenses

 The judge has full discretion over the amount and allocation of expenses in respect of notices and may determine who is to pay those expenses.

  • SOR/2007-301, s. 7
 
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