Federal Courts Rules (SOR/98-106)

Marginal note:Conditions

• 334.16 (1) Subject to subsection (3), a judge shall, by order, certify a proceeding as a class proceeding if

  • (a) the pleadings disclose a reasonable cause of action;

  • (b) there is an identifiable class of two or more persons;

  • (c) the claims of the class members raise common questions of law or fact, whether or not those common questions predominate over questions affecting only individual members;

  • (d) a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact; and

  • (e) there is a representative plaintiff or applicant who

    • (i) would fairly and adequately represent the interests of the class,

    • (ii) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members as to how the proceeding is progressing,

    • (iii) does not have, on the common questions of law or fact, an interest that is in conflict with the interests of other class members, and

    • (iv) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record.

• Marginal note:Matters to be considered

  (2) All relevant matters shall be considered in a determination of whether a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact, including whether

  • (a) the questions of law or fact common to the class members predominate over any questions affecting only individual members;

  • (b) a significant number of the members of the class have a valid interest in individually controlling the prosecution of separate proceedings;

  • (c) the class proceeding would involve claims that are or have been the subject of any other proceeding;

  • (d) other means of resolving the claims are less practical or less efficient; and

  • (e) the administration of the class proceeding would create greater difficulties than those likely to be experienced if relief were sought by other means.

• Marginal note:Subclasses

  (3) If the judge determines that a class includes a subclass whose members have claims that raise common questions of law or fact that are not shared by all of the class members so that the protection of the interests of the subclass members requires that they be separately represented, the judge shall not certify the proceeding as a class proceeding unless there is a representative plaintiff or applicant who

  • (a) would fairly and adequately represent the interests of the subclass;

  • (b) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the subclass and of notifying subclass members as to how the proceeding is progressing;

  • (c) does not have, on the common questions of law or fact for the subclass, an interest that is in conflict with the interests of other subclass members; and

  • (d) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record.