Federal Courts Rules (SOR/98-106)

Marginal note:Partnerships

111.1 A proceeding by or against two or more persons as partners may be brought in the name of the partnership.

Marginal note:Sole proprietorships

111.2 A proceeding by or against a person carrying on business as a sole proprietor may be brought in the name of the sole proprietorship.

Marginal note:Estates and trusts

• 112. (1) A proceeding may be brought by or against the trustees, executors or administrators of an estate or trust without joining the beneficiaries of the estate or trust.

• Marginal note:Order binding on beneficiaries

  (2) Unless the Court orders otherwise, beneficiaries of an estate or trust are bound by an order against the estate or trust.

Marginal note:Where deceased has no representative

• 113. (1) Where a party to a proceeding is deceased and the estate of the deceased is not represented, the Court may appoint a person to represent the estate of the deceased or order that the proceeding continue without representation of the estate.

• Marginal note:Notice

  (2) Before making an order under subsection (1), the Court may require that notice be given to all persons who have an interest in the estate of the deceased.

Marginal note:Representative proceedings

• 114. (1) Despite rule 302, a proceeding, other than a proceeding referred to in section 27 or 28 of the Act, may be brought by or against a person acting as a representative on behalf of one or more other persons on the condition that

  • (a) the issues asserted by or against the representative and the represented persons

    • (i) are common issues of law and fact and there are no issues affecting only some of those persons, or

    • (ii) relate to a collective interest shared by those persons;

  • (b) the representative is authorized to act on behalf of the represented persons;

  • (c) the representative can fairly and adequately represent the interests of the represented persons; and

  • (d) the use of a representative proceeding is the just, most efficient and least costly manner of proceeding.

• Marginal note:Powers of the Court

  (2) At any time, the Court may

  • (a) determine whether the conditions set out in subsection (1) are being satisfied;

  • (b) require that notice be given, in a form and manner directed by it, to the represented persons;

  • (c) impose any conditions on the settlement process of a representative proceeding that the Court considers appropriate; and

  • (d) provide for the replacement of the representative if that person is unable to represent the interests of the represented persons fairly and adequately.

• Marginal note:Orders in representative proceeding

  (3) An order in a representative proceeding is binding on the represented persons unless otherwise ordered by the Court.

• Marginal note:Approval of discontinuance or settlement

  (4) The discontinuance or settlement of a representative proceeding is not effective unless it is approved by the Court.

• Marginal note:Style of cause

  (5) Every document in a proceeding commenced under subsection (1) shall be prefaced by the heading “Representative Proceeding”.