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Federal Courts Rules

Version of section 299.41 from 2006-03-22 to 2007-12-12:

Marginal note:No costs

  •  (1) Subject to subsections (2) and (3), no costs may be awarded to any party to a motion for certification of an action as a class action, to a class action or to an appeal arising from a class action at any stage of the motion, class action or appeal.

  • Marginal note:Exception

    (2) Costs may be awarded against a party referred to in subsection (1) at any time if

    • (a) the conduct of the party tended to unnecessarily lengthen 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) there are exceptional circumstances that make it unjust to deprive the successful party of costs.

  • Marginal note:Individual claims

    (3) The Court has full discretion to award costs with respect to the determination of the individual claims of members of a class.

  • SOR/2002-417, s. 17

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