PART 5.1Class Proceedings (continued)
Marginal note:No costs
334.39 (1) Subject to subsection (2), no costs may be awarded against any party to a motion for certification of a proceeding as a class proceeding, to a class proceeding or to an appeal arising from a class proceeding, unless
(a) the conduct of the party unnecessarily lengthened 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) exceptional circumstances make it unjust to deprive the successful party of costs.
Marginal note:Individual claims
(2) The Court has full discretion to award costs with respect to the determination of the individual claims of a class member.
- SOR/2007-301, s. 7
Marginal note:Approval of payments
334.4 No payments, including indirect payments, shall be made to a solicitor from the proceeds recovered in a class proceeding unless the payments are approved by a judge.
- SOR/2007-301, s. 7
Application of this Part
335 This Part applies to
(a) appeals to the Federal Court of Appeal from the Federal Court, including appeals from interlocutory orders;
(b) appeals to the Federal Court of Appeal from the Tax Court of Canada under subsections 27(1.1) and (1.2) of the Act; and
(c) appeals to the Court under an Act of Parliament, unless otherwise indicated in that Act or these Rules.
- SOR/2004-283, s. 17
Definition of first instance
336 In this Part, first instance means a proceeding in the Federal Court, the Tax Court of Canada or the tribunal whose order is being appealed.
- SOR/2004-283, s. 33
Commencement of Appeal
Marginal note:Content of general notice of appeal
337 An appeal, other than an appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act, shall be commenced by a notice of appeal, in Form 337, setting out
(a) the name of the court to which the appeal is taken;
(b) the names of the parties;
(c) a precise statement of the relief sought;
(d) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;
(e) the name of the court or tribunal appealed from;
(f) the date and details of the order under appeal; and
(g) the place proposed for the hearing of the appeal.
- SOR/2004-283, ss. 18, 36
Marginal note:Content of notice of appeal — certain judgments of Tax Court of Canada
337.1 An appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act shall be commenced by a notice of appeal, in Form 337.1, setting out
(a) the names of the parties;
(b) a precise statement of the relief sought;
(c) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;
(d) the date and details of the final judgment under appeal; and
(e) the place proposed for the hearing of the appeal.
- SOR/2004-283, s. 19
Marginal note:Persons to be included as respondents
(a) every party in the first instance who is adverse in interest to the appellant in the appeal;
(b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and
(c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada.
Marginal note:Substitution for Attorney General
(2) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.
Marginal note:Service of notice of appeal
Marginal note:Proof of service
(2) Proof of service of a notice of appeal shall be filed within 10 days after the notice of appeal is served.
Marginal note:Solicitor of record and address for service
340 In an appeal from the Federal Court to the Federal Court of Appeal, the solicitor of record and the address for service of a party on the appeal shall be the same as they were in the first instance.
- SOR/2004-283, s. 20
Marginal note:Appearance or cross-appeal
Marginal note:Content of notice of cross-appeal
(2) A notice of cross-appeal shall set out
Marginal note:Leave for late cross-appeal
(3) Where a respondent has not filed a notice of cross-appeal under subsection (1), the cross-appeal may not be heard without leave of the Court.
- SOR/2007-301, s. 12(F)
Marginal note:Consolidation of appeals
(2) The Court may give directions as to the procedure to be followed in a consolidation under subsection (1).
Marginal note:Agreement re appeal book
343 (1) Within 30 days after the filing of a notice of appeal, the parties shall agree in writing as to the documents, exhibits and transcripts to be included in the appeal book and shall file a copy of that agreement.
(2) The parties shall include in an appeal book only such documents, exhibits and transcripts as are required to dispose of the issues on appeal.
Marginal note:Motion to determine content of appeal book
(3) If no agreement is reached within the period referred to in subsection (1), the appellant shall, within 10 days after the expiration of that period, serve and file a notice of motion under rule 369 to request that the Court determine the content of the appeal book.
Marginal note:Order for transcripts or reproductions
(4) Where a transcript or the reproduction of exhibits is required, the appellant shall order it and shall file proof of the order within 10 days after filing an agreement under subsection (1) or obtaining an order under subsection (3).
Marginal note:Preparation of appeal book
(5) The appeal book shall be prepared by the appellant forthwith unless, on the motion of the appellant, the Court orders the Administrator to prepare an appeal book on the appellant’s behalf from documents provided by the appellant.
- SOR/2015-21, s. 20
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