Federal Courts Rules

Marginal note:Time of service and filing

• 299.17 (1) A notice of motion for the certification of an action as a class action and the affidavit in support of that motion shall be served and filed at least 14 days before the day set out in the notice for the hearing of the motion.

• Marginal note:When notice is returnable

  (2) The notice of motion shall be made returnable no later than 90 days after the later of

  • (a) the day on which the last statement of defence was filed, and

  • (b) the day on which, under rule 204, the last statement of defence is required to be served and filed.

• Marginal note:Affidavit in response

  (3) A person who serves and files an affidavit in response to a notice of motion and affidavit shall serve and file the affidavit in response at least five days before the day set out in the notice for the hearing of the motion.

• Marginal note:Content of affidavit

  (4) A person filing an affidavit under subsection (1) or (3) shall

  • (a) set out in the affidavit the material facts on which the person intends to rely at the hearing of the motion;

  • (b) swear that the person knows of no fact material to the motion that has not been disclosed in the person's affidavit; and

  • (c) provide, to the best of the person's knowledge, the number of members in the proposed class.