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Federal Courts Rules (SOR/98-106)

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Regulations are current to 2021-06-28 and last amended on 2021-06-17. Previous Versions

PART 5.1Class Proceedings (continued)

Notices

Marginal note:Who gives notice

  •  (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.

  • Marginal note:Dispensation

    (2) A judge may dispense with the giving of notice after considering the factors set out in subsection (3).

  • Marginal note:Factors

    (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;

    • (b) mail;

    • (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

Marginal note:Notice of determination of common questions

 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.

  • SOR/2007-301, s. 7

Marginal note:Notice of settlement

 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.

  • SOR/2007-301, s. 7

Marginal note:Notice to others

  •  (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.

  • SOR/2007-301, s. 7

Marginal note:Order

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

  • SOR/2007-301, s. 7

Marginal note:Prior approval of notices

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

  • SOR/2007-301, s. 7

Marginal note:Expenses

 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.

  • SOR/2007-301, s. 7

Costs

Marginal note:No costs

  •  (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.

  • SOR/2007-301, s. 7

Marginal note:Approval of payments

 No payments, including indirect payments, shall be made to a solicitor from the proceeds recovered in a class proceeding unless the payments are approved by a judge.

  • SOR/2007-301, s. 7

PART 6Appeals

Application of this Part

Marginal note:Application

 This Part applies to

  • (a) appeals to the Federal Court of Appeal from the Federal Court, including appeals from interlocutory orders;

  • (b) appeals to the Federal Court of Appeal from the Tax Court of Canada under subsections 27(1.1) and (1.2) of the Act; and

  • (c) appeals to the Court under an Act of Parliament, unless otherwise indicated in that Act or these Rules.

  • SOR/2004-283, s. 17

General

Interpretation

Definition of first instance

 In this Part, first instance means a proceeding in the Federal Court, the Tax Court of Canada or the tribunal whose order is being appealed.

  • SOR/2004-283, s. 33

Commencement of Appeal

Marginal note:Content of general notice of appeal

 An appeal, other than an appeal from a final judgment of the Tax Court of Canada under subsection 27(1.2) of the Act, shall be commenced by a notice of appeal, in Form 337, setting out

  • (a) the name of the court to which the appeal is taken;

  • (b) the names of the parties;

  • (c) a precise statement of the relief sought;

  • (d) a complete and concise statement of the grounds intended to be argued, including a reference to any statutory provision or rule to be relied on;

  • (e) the name of the court or tribunal appealed from;

  • (f) the date and details of the order under appeal; and

  • (g) the place proposed for the hearing of the appeal.

  • SOR/2004-283, ss. 18, 36
 
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