Federal Courts Rules

Marginal note:Who gives notice

• 299.34 (1) Notice that an action has been certified as a class action shall be given by the representative plaintiff to the class members in accordance with this rule.

• Marginal note:Dispensation

  (2) A judge may dispense with notice having regard to 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 having regard to

  • (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) whether some or all of the class members are likely to opt out of the class action; 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, advertising, publishing or 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) Notice under this rule shall

  • (a) describe the action, including the names and addresses of the representative plaintiffs and the relief sought;

  • (b) state the manner in which and the time within which a class member may opt out of the action;

  • (c) describe the possible financial consequences of the action to the members of the class and subclass;

  • (d) summarize any agreements respecting fees and disbursements

    • (i) between the representative plaintiff and the representative plaintiff's solicitor, and

    • (ii) if the recipient of the notice is a member of a subclass, between the representative plaintiff for that subclass and that representative plaintiff's solicitor;

  • (e) 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, whether favourable or not, will bind all class members who do not opt out of the action;

  • (g) state that the judgment on the common questions of law or fact for a subclass, whether favourable or not, will bind all subclass members who do not opt out of the action;

  • (h) describe the right, if any, of members of the class or subclass to participate in the action; and

  • (i) give an address to which class members may direct inquiries about the action.

• Marginal note:Information about contributions

  (6) With leave of the judge, notice under this rule may include a solicitation of contributions from members of the class or subclass to assist in paying the fees and disbursements of the solicitor of record.