Federal Courts Rules (SOR/98-106)

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Regulations are current to 2019-03-27 and last amended on 2015-01-30. Previous Versions

PART 5.1Class Proceedings (continued)

Judgments

Marginal note:Separate judgments

  •  (1) A judge may give a single judgment in respect of the common questions of law or fact and separate judgments in respect of any other questions.

  • Marginal note:Content

    (2) A judgment on questions of law or fact that are common to a class or subclass shall

    • (a) set out the common questions of law or fact;

    • (b) name or describe the class or subclass members to the extent possible;

    • (c) state the nature of the claims asserted on behalf of the class or subclass; and

    • (d) specify the relief granted.

  • SOR/2007-301, s. 7.

Marginal note:Common questions

  •  (1) A judgment on questions of law or fact that are common to a class or subclass binds every class or subclass member who has not opted out of or been excluded from the class proceeding, but only to the extent that the judgment determines common questions of law or fact that

    • (a) are set out in the certifying order;

    • (b) relate to claims described in that order; and

    • (c) relate to relief sought by the class or subclass as stated in that order.

  • Marginal note:Subsequent actions

    (2) A judgment on common questions of law or fact of a class or subclass does not bind a party to the class proceeding in any subsequent proceeding between the party and a member who has opted out of or been excluded from the class proceeding.

  • SOR/2007-301, s. 7.

Marginal note:Individual questions

  •  (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.

  • SOR/2007-301, s. 7.

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.
 
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