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Federal Courts Rules

Version of section 299.28 from 2006-03-22 to 2007-12-12:


Marginal note:Individual questions

  •  (1) If a judge determines common questions of law or fact in favour of a class or subclass and determines that there are questions that are applicable only to certain individual members of the class or subclass, the judge 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 that the individual questions be determined in any other manner.

    The judge may give directions relating to the procedures to be followed.

  • Marginal note:Who may preside

    (2) 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.

  • Marginal note:Time for making claims

    (3) When a judge determines that there are questions that are applicable only to certain individual members of the class or subclass, the judge shall set a time within which individual members are required to make claims in respect of the individual questions.

  • SOR/2002-417, s. 17
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