Federal Courts Rules

Marginal note:Individual questions

• 299.28 (1) If a judge determines common questions of law or fact in favour of a class or subclass and determines that there are questions that are applicable only to certain individual members of the class or subclass, the judge may

  • (a) order that the individual questions be determined in further hearings;

  • (b) appoint one or more persons to evaluate the individual questions and report back to the judge; or

  • (c) direct that the individual questions be determined in any other manner.

  The judge may give directions relating to the procedures to be followed.

• Marginal note:Who may preside

  (2) For the purposes of paragraph (1)(a), the judge who determined the common questions of law or fact, another judge or, in the case of a claim referred to in subsection 50(3), a prothonotary may preside over the hearings of the individual questions.

• Marginal note:Time for making claims

  (3) When a judge determines that there are questions that are applicable only to certain individual members of the class or subclass, the judge shall set a time within which individual members are required to make claims in respect of the individual questions.