Federal Courts Rules

Marginal note:Individual questions

• 299.33 (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 failing to appeal

  (2) If a representative plaintiff does not appeal an order or appeals and later files a notice of discontinuance of the appeal, any member of the class for which the representative plaintiff had been appointed may apply for leave to exercise the right of appeal of the representative plaintiff within 30 days after

  • (a) the expiry of the appeal period available to the representative plaintiff, if the representative plaintiff does not appeal; or

  • (b) the day the notice of discontinuance was filed, if the representative plaintiff appeals but files a notice of discontinuance of the appeal.