Federal Courts Rules

Marginal note:No costs

• 299.41 (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.