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.

• 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.