Federal Courts Rules

Marginal note:Representative proceedings

• 114 (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that

  • (a) the issues asserted by or against the representative and the represented persons

    • (i) are common issues of law and fact and there are no issues affecting only some of those persons, or

    • (ii) relate to a collective interest shared by those persons;

  • (b) the representative is authorized to act on behalf of the represented persons;

  • (c) the representative can fairly and adequately represent the interests of the represented persons; and

  • (d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding.

• Marginal note:Powers of the Court

  (2) At any time, the Court may

  • (a) determine whether the conditions set out in subsection (1) are being satisfied;

  • (b) require that notice be given, in a form and manner directed by it, to the represented persons;

  • (c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and

  • (d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately.

• Marginal note:Orders in representative proceeding

  (3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court.

• Marginal note:Approval of discontinuance or settlement

  (4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court.

• Marginal note:Style of cause

  (5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”.