Federal Courts Rules

Marginal note:Common questions

• 299.27 (1) A judgment on questions of law or fact that are common to a class or subclass binds every member of the class or subclass who has not opted out of or been excluded from the class action, but only to the extent that the judgment determines common questions of law or fact that

  • (a) are set out in the order certifying the action as a class action;

  • (b) relate to claims described in that order; and

  • (c) relate to relief sought by the class or subclass as stated in that order.

• Marginal note:Subsequent actions

  (2) A judgment on common questions of law or fact of a class or subclass does not bind a party to the class action in any subsequent action between the party and a person who opted out of or had been excluded from the class action.