Federal Courts Rules (SOR/98-106)

Marginal note:Notice of determination of common questions

334.33 If common questions of law or fact are determined in favour of the class or a subclass, the representative plaintiff or applicant for the class or subclass shall give notice of that determination to the class or subclass members in accordance with the directions of a judge in respect of the content of and means of giving the notice.

Marginal note:Notice of settlement

334.34 Notice that an offer to settle has been made or that a settlement has been approved under rule 334.29 shall be given by the representative plaintiff or applicant to the class or subclass members in accordance with the directions of a judge in respect of the content of and means of giving the notice.

Marginal note:Notice to others

• 334.35 (1) A judge may, at any time, order any party to give any notice that the judge considers necessary to protect the interests of any class member or party or to ensure the fair conduct of the proceeding.

• Marginal note:Application of subsections 334.32(3) and (4)

  (2) Subsections 334.32(3) and (4) apply to a notice given under this rule.

Marginal note:Order

334.36 A judge may order any party to give a notice under rules 334.32 to 334.35.

Marginal note:Prior approval of notices

334.37 Notices referred to in rules 334.32 to 334.35 shall not be given unless they have been approved by a judge.

Marginal note:Expenses

334.38 The judge has full discretion over the amount and allocation of expenses in respect of notices and may determine who is to pay those expenses.

Marginal note:No costs

• 334.39 (1) Subject to subsection (2), no costs may be awarded against any party to a motion for certification of a proceeding as a class proceeding, to a class proceeding or to an appeal arising from a class proceeding, unless

  • (a) the conduct of the party unnecessarily lengthened 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) exceptional circumstances make it unjust to deprive the successful party of costs.

• Marginal note:Individual claims

  (2) The Court has full discretion to award costs with respect to the determination of the individual claims of a class member.