Federal Courts Rules
Marginal note:Leave to examine others
299.24 (1) A party in a class action may examine a class member, other than the representative plaintiff, for discovery only on leave granted by the Court.
Marginal note:Examination of other class members
(2) A party in a class action may examine class members for discovery only after the examination of the representative plaintiff.
(3) In deciding whether to grant leave to examine class members, the Court shall consider all relevant matters, including
(a) the stage of the class action and the issues to be determined at that stage;
(b) the presence of subclasses;
(c) the necessity of an examination in view of the claims or defences of the party seeking leave;
(d) the approximate monetary value of any individual claims; and
(e) whether examination could result in undue annoyance, burden or expense for the class members sought to be examined.
Marginal note:Application of sanctions
(4) A class member is subject to the same sanctions under these Rules as a party for failure to submit to an examination.
- SOR/2002-417, s. 17
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