Marginal note:Individual questions
334.31 (1) A class member may appeal any order determining or dismissing the member’s claim in respect of one or more individual questions.
Marginal note:Representative plaintiff or applicant failing to appeal
(2) If a representative plaintiff or applicant does not appeal an order, or does appeal and later files a notice of discontinuance of the appeal, any member of the class for which the representative plaintiff or applicant had been appointed may apply for leave to exercise the right of appeal of that representative within 30 days after
(a) the expiry of the appeal period available to the representative, if the representative does not appeal; or
(b) the day on which the notice of discontinuance is filed, if the representative appeals and later files a notice of discontinuance of the appeal.
- SOR/2007-301, s. 7.
Marginal note:Who gives notice
334.32 (1) Notice that a proceeding has been certified as a class proceeding shall be given by the representative plaintiff or applicant to the class members.
(2) A judge may dispense with the giving of notice after considering the factors set out in subsection (3).
(3) A judge shall order when and by what means notice is to be given after considering the following factors:
(a) the cost of giving notice;
(b) the nature of the relief sought;
(c) the size of the individual claims of the class members;
(d) the number of class members;
(e) the presence of subclasses;
(f) the likelihood that some or all of the class members will opt out of the class proceeding; and
(g) the places of residence of class members.
Marginal note:How given
(4) The order may provide that notice be given by
(a) personal delivery;
(c) posting, publishing, advertising or the distribution of leaflets;
(d) individually notifying a sample group within the class; or
(e) any other appropriate means or combination of appropriate means.
Marginal note:Content of notice
(5) The notice shall
(a) describe the proceeding, including the names and addresses of the representative plaintiff or applicant, and the relief sought;
(b) state the time and manner for a class member to opt out of the proceeding;
(c) describe the possible financial consequences of the proceeding to the class and subclass members;
(d) summarize any agreements respecting fees and disbursements
(i) between the representative plaintiff or applicant and that representative’s solicitor, and
(ii) if the recipient of the notice is a member of a subclass, between the representative plaintiff or applicant for that subclass and that representative’s solicitor;
(e) in the case of an action, describe any counterclaim being asserted by or against the class or any subclass, including the relief sought in the counterclaim;
(f) state that the judgment on the common questions of law or fact for the class or subclass, whether favourable or not, will bind all of the class members or subclass members who do not opt out of the proceeding;
(g) describe the right, if any, of the class or subclass members to participate in the proceeding; and
(h) give an address to which class members may direct inquiries about the proceeding.
Marginal note:Request for contributions
(6) With leave of the judge, the notice may include a solicitation of contributions from the class or subclass members to assist in paying the fees and disbursements of the solicitor of record.
- SOR/2007-301, s. 7.
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