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Federal Courts Rules

Version of section 299.24 from 2006-03-22 to 2007-12-12:

Marginal note:Leave to examine others

  •  (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.

  • Marginal note:Considerations

    (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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