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)

Notices (continued)

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.

Costs

Marginal note:No costs

  •  (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.

  • SOR/2007-301, s. 7.

Marginal note:Approval of payments

 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.

  • SOR/2007-301, s. 7.

PART 6Appeals

Application of this Part

Marginal note:Application

 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.

  • SOR/2004-283, s. 17.

General

Interpretation

Definition of first instance

 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.

  • SOR/2004-283, s. 33.

Commencement of Appeal

Marginal note:Content of general notice of appeal

 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.

  • SOR/2004-283, ss. 18, 36.

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

 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.

  • SOR/2004-283, s. 19.

Marginal note:Persons to be included as respondents

  •  (1) Unless the Court orders otherwise, an appellant shall include as a respondent in an appeal

    • (a) every party in the first instance who is adverse in interest to the appellant in the appeal;

    • (b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and

    • (c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada.

  • Marginal note:Substitution for Attorney General

    (2) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.

Marginal note:Service of notice of appeal

  •  (1) Unless the Court directs otherwise or an Act of Parliament authorizing the appeal provides otherwise, within 10 days after the issuance of a notice of appeal, the appellant shall serve it on

    • (a) all respondents;

    • (b) in the case of an appeal of an order of a tribunal,

      • (i) the Attorney General of Canada, and

      • (ii) the tribunal or its chief executive officer;

    • (c) any person who is not a party and who participated in the first instance; and

    • (d) any other person directly affected by the appeal.

  • Marginal note:Proof of service

    (2) Proof of service of a notice of appeal shall be filed within 10 days after the notice of appeal is served.

Marginal note:Solicitor of record and address for service

 In an appeal from the Federal Court to the Federal Court of Appeal, the solicitor of record and the address for service of a party on the appeal shall be the same as they were in the first instance.

  • SOR/2004-283, s. 20.

Marginal note:Appearance or cross-appeal

  •  (1) A respondent who intends to participate in an appeal shall, within 10 days after service of the notice of appeal, serve and file

    • (a) a notice of appearance in Form 341A; or

    • (b) where the respondent seeks a different disposition of the order appealed from, a notice of cross-appeal in Form 341B.

  • Marginal note:Content of notice of cross-appeal

    (2) A notice of cross-appeal shall set out

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

    • (b) 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.

  • Marginal note:Leave for late cross-appeal

    (3) Where a respondent has not filed a notice of cross-appeal under subsection (1), the cross-appeal may not be heard without leave of the Court.

  • SOR/2007-301, s. 12(F).
 
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