GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Federal Courts Rules — 334.13
By defendant or respondent 334.13 (1) A defendant to an action or a respondent to an application may, at any time, bring a motion for the certification of the proceeding as a class proceeding and for the appointment of a representative plaintiff or applicant. Application of rule 334.16 (2) Rule 334.16 applies to the certification of a proceeding referred to in subsection (1) as a class proceeding, with the exception, unless a judge orders otherwise, of subparagraphs 334.16(1)(e)(ii) and (iv) and paragraphs 334.16(3)(b) and (d). SOR/2007-301, s. 7
Federal Courts Rules — 334.14
Counterclaims 334.14 (1) If a defendant to an action that was commenced by a member of a class of persons on behalf of the members of that class makes a counterclaim against the class, the counterclaim may not proceed unless it is certified as a class proceeding. Defendant or respondent class proceeding (2) A party to an action or an application against two or more defendants or respondents may, at any time, bring a motion for the certification of the proceeding as a class proceeding and for the appointment of a representative defendant or respondent. Necessary modifications (3) This Part applies, with any necessary modifications, to a counterclaim referred to in subsection (1) and to a proceeding referred to in subsection (2). SOR/2007-301, s. 7
Federal Courts Rules — 334.15
Time of service and filing 334.15 (1) A notice of motion for the certification of a proceeding as a class proceeding and the affidavit in support of that motion shall be served and filed (a) in an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act , at the time fixed by the case management judge assigned to the proceeding; or (b) in any other proceeding, at least 14 days before the day set out in the notice for the hearing of the motion. Return of motion — actions (2) In the case of an action, the 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. Return of motion — applications (3) In the case of an application, the motion shall be made returnable (a) in an application for judicial review referred to in section 72 of the Immigration and Refugee Protection Act , at the time fixed by the case management judge assigned to the proceeding; or (b) in any other application, no later than 30 days after the issuance of the notice of application. Affidavit in response (4) A person who serves and files an affidavit in response to a notice of motion and affidavit shall serve and file it at least five days before the day set out in the notice for the hearing of the motion. Content of affidavit (5) A person filing an affidavit under subsection (1) or (4) shall set out in the affidavit (a) the material facts on which the person intends to rely at the hearing of the motion; (b) that the person knows of no fact material to the motion that has not been disclosed in the person’s affidavit; and (c) to the best of the person’s knowledge, the number of members in the proposed class. SOR/2007-301, s. 7
Federal Courts Rules — 334.16
Conditions 334.16 (1) Subject to subsection (3), a judge shall, by order, certify a proceeding as a class proceeding if (a) the pleadings disclose a reasonable cause of action; (b) there is an identifiable class of two or more persons; (c) the claims of the class members raise common questions of law or fact, whether or not those common questions predominate over questions affecting only individual members; (d) a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact; and (e) there is a representative plaintiff or applicant who (i) would fairly and adequately represent the interests of the class, (ii) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members as to how the proceeding is progressing, (iii) does not have, on the common questions of law or fact, an interest that is in conflict with the interests of other class members, and (iv) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record. Matters to be considered (2) All relevant matters shall be considered in a determination of whether a class proceeding is the preferable procedure for the just and efficient resolution of the common questions of law or fact, including whether (a) the questions of law or fact common to the class members predominate over any questions affecting only individual members; (b) a significant number of the members of the class have a valid interest in individually controlling the prosecution of separate proceedings; (c) the class proceeding would involve claims that are or have been the subject of any other proceeding; (d) other means of resolving the claims are less practical or less efficient; and (e) the administration of the class proceeding would create greater difficulties than those likely to be experienced if relief were sought by other means. Subclasses (3) If the judge determines that a class includes a subclass whose members have claims that raise common questions of law or fact that are not shared by all of the class members so that the protection of the interests of the subclass members requires that they be separately represented, the judge shall not certify the proceeding as a class proceeding unless there is a representative plaintiff or applicant who (a) would fairly and adequately represent the interests of the subclass; (b) has prepared a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the subclass and of notifying subclass members as to how the proceeding is progressing; (c) does not have, on the common questions of law or fact for the subclass, an interest that is in conflict with the interests of other subclass members; and (d) provides a summary of any agreements respecting fees and disbursements between the representative plaintiff or applicant and the solicitor of record. SOR/2007-301, s. 7
Federal Courts Rules — 334.17
Contents of order 334.17 (1) An order certifying a proceeding as a class proceeding shall (a) describe the class; (b) state the name of the representative plaintiff or applicant; (c) state the nature of the claims made on behalf of the class; (d) state the relief claimed by or from the class; (e) set out the common questions of law or fact for the class; and (f) specify the time and manner for class members to opt out of the class proceeding. Subclasses (2) If the judge determines that a class includes a subclass whose members have claims that raise common questions of law or fact that are not shared by all of the class members so that the protection of the interests of the subclass members requires that they be separately represented, the certifying order shall include the information referred to in subsection (1) in respect of the subclass. SOR/2007-301, s. 7
Federal Courts Rules — 334.18
Grounds that may not be relied on 334.18 A judge shall not refuse to certify a proceeding as a class proceeding solely on one or more of the following grounds: (a) the relief claimed includes a claim for damages that would require an individual assessment after a determination of the common questions of law or fact; (b) the relief claimed relates to separate contracts involving different class members; (c) different remedies are sought for different class members; (d) the precise number of class members or the identity of each class member is not known; or (e) the class includes a subclass whose members have claims that raise common questions of law or fact not shared by all of the class members. SOR/2007-301, s. 7
Federal Courts Rules — 334.19
Amendment and decertification 334.19 A judge may, on motion, amend an order certifying a proceeding as a class proceeding or, if the conditions for certification are no longer satisfied with respect to the proceeding, decertify it. SOR/2007-301, s. 7
Federal Courts Rules — 334.2
Continuation of action 334.2 If a judge refuses to certify a proceeding as a class proceeding or decertifies a proceeding, the judge may permit the proceeding to continue as one or more proceedings and may make any appropriate order in that regard. SOR/2007-301, s. 7
Federal Courts Rules — 334.21
Voluntary 334.21 (1) A class member involved in a class proceeding may opt out of the proceeding within the time and in the manner specified in the order certifying the proceeding as a class proceeding. Automatic (2) A class member shall be excluded from the class proceeding if the member does not, before the expiry of the time for opting out specified in the certifying order, discontinue a proceeding brought by the member that raises the common questions of law or fact set out in that order. SOR/2007-301, s. 7
Federal Courts Rules — 334.22
Leave to examine others — actions 334.22 (1) A party in an action that has been certified as a class proceeding may examine a class member, other than the representative plaintiff, for discovery only on leave granted by the Court and only after the examination of the representative plaintiff. Considerations (2) In deciding whether to grant leave to examine class members, the Court shall consider all relevant matters, including (a) the stage of the class proceeding and the issues to be determined at that stage; (b) the presence of subclasses; (c) the necessity of an examination in view of the claims or defences of the party seeking leave; (d) the approximate monetary value of any individual claims; and (e) the possibility that the examination might result in undue burden or expense for the class members sought to be examined. Application of sanctions (3) A class member is subject to the same sanctions under these Rules as a party for failure to submit to an examination. SOR/2007-301, s. 7
Federal Courts Rules — 334.23
By class members 334.23 (1) To ensure the fair and adequate representation of the interests of a class or any subclass, the Court may, at any time, permit one or more class members to participate in the class proceeding. Directions (2) When permitting a class member to participate in the proceeding, the Court shall give directions regarding the role of the participant, including matters relating to costs and to the procedures to be followed. SOR/2007-301, s. 7
Federal Courts Rules — 334.24
Separate judgments 334.24 (1) A judge may give a single judgment in respect of the common questions of law or fact and separate judgments in respect of any other questions. Content (2) A judgment on questions of law or fact that are common to a class or subclass shall (a) set out the common questions of law or fact; (b) name or describe the class or subclass members to the extent possible; (c) state the nature of the claims asserted on behalf of the class or subclass; and (d) specify the relief granted. SOR/2007-301, s. 7
Federal Courts Rules — 334.25
Common questions 334.25 (1) A judgment on questions of law or fact that are common to a class or subclass binds every class or subclass member who has not opted out of or been excluded from the class proceeding, but only to the extent that the judgment determines common questions of law or fact that (a) are set out in the certifying order; (b) relate to claims described in that order; and (c) relate to relief sought by the class or subclass as stated in that order. Subsequent actions (2) A judgment on common questions of law or fact of a class or subclass does not bind a party to the class proceeding in any subsequent proceeding between the party and a member who has opted out of or been excluded from the class proceeding. SOR/2007-301, s. 7
Federal Courts Rules — 334.26
Individual questions 334.26 (1) If a judge determines that there are questions of law or fact that apply only to certain individual class or subclass members, the judge shall set a time within which those members may make claims in respect of those questions and 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 the manner in which the individual questions will be determined. Judge may give directions (2) In those circumstances, the judge may give directions relating to the procedures to be followed. Who may preside (3) 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), an associate judge may preside over the hearings of the individual questions. SOR/2007-301, s. 7 SOR/2025-232, s. 10
Federal Courts Rules — 334.27
Defendant’s liability 334.27 In the case of an action, if, after determining common questions of law or fact in favour of a class or subclass, a judge determines that the defendant’s liability to individual class members cannot be determined without proof by those individual class members, rule 334.26 applies to the determination of the defendant’s liability to those class members. SOR/2007-301, s. 7
Federal Courts Rules — 334.28
Assessment of monetary relief 334.28 (1) A judge may make any order in respect of the assessment of monetary relief, including aggregate assessments, that is due to the class or subclass. Distribution of monetary relief (2) A judge may make any order in respect of the distribution of monetary relief, including an undistributed portion of an award that is due to a class or subclass or its members. Special modes of proof (3) For the purposes of this rule, a judge may order any special modes of proof. SOR/2007-301, s. 7
Federal Courts Rules — 334.29
Approval 334.29 (1) A class proceeding may be settled only with the approval of a judge. Binding effect (2) On approval, a settlement binds every class or subclass member who has not opted out of or been excluded from the class proceeding. SOR/2007-301, s. 7
Federal Courts Rules — 334.3
Approval 334.3 A proceeding commenced by a member of a class of persons on behalf of the members of that class may only be discontinued with the approval of a judge. SOR/2007-301, s. 7
Federal Courts Rules — 334.31
Individual questions 334.31 (1) A class member may appeal any order determining or dismissing the member’s claim in respect of one or more individual questions. Representative plaintiff or applicant failing to appeal (2) If a representative plaintiff or applicant does not appeal an order, or does appeal and later files a notice of discontinuance of the appeal, any member of the class for which the representative plaintiff or applicant had been appointed may apply for leave to exercise the right of appeal of that representative within 30 days after (a) the expiry of the appeal period available to the representative, if the representative does not appeal; or (b) the day on which the notice of discontinuance is filed, if the representative appeals and later files a notice of discontinuance of the appeal. SOR/2007-301, s. 7
Federal Courts Rules — 334.32
Who gives notice 334.32 (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. Dispensation (2) A judge may dispense with the giving of notice after considering the factors set out in subsection (3). 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. 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. 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. 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
Federal Courts Rules — 334.33
Notice of determination of common questions 334.33 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
Federal Courts Rules — 334.34
Notice of settlement 334.34 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
Federal Courts Rules — 334.35
Notice to others 334.35 (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. 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
Federal Courts Rules — 334.36
Order 334.36 A judge may order any party to give a notice under rules 334.32 to 334.35. SOR/2007-301, s. 7
Federal Courts Rules — 334.37
Prior approval of notices 334.37 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
Federal Courts Rules — 334.38
Expenses 334.38 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
Federal Courts Rules — 334.39
No costs 334.39 (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. 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
Federal Courts Rules — 334.4
Approval of payments 334.4 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
Federal Courts Rules — 335
Application 335 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
Federal Courts Rules — 336
Definition of first instance 336 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
Federal Courts Rules — 337
Content of general notice of appeal 337 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
Federal Courts Rules — 337.1
Content of notice of appeal — certain judgments of Tax Court of Canada 337.1 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 337.1, setting out (a) the names of the parties; (b) a precise statement of the relief sought; (c) 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; (d) the date and details of the final judgment under appeal; and (e) the place proposed for the hearing of the appeal. SOR/2004-283, s. 19
Federal Courts Rules — 338
Persons to be included as respondents 338 (1) Unless the Court orders otherwise, an appellant shall include as a respondent in an appeal (a) every party in the first instance who is adverse in interest to the appellant in the appeal; (b) any other person required to be named as a party by an Act of Parliament pursuant to which the appeal is brought; and (c) where there are no persons that are included under paragraph (a) or (b), the Attorney General of Canada. Substitution for Attorney General (2) On a motion by the Attorney General of Canada, where the Court is satisfied that the Attorney General is unable or unwilling to act as a respondent in an appeal, the Court may substitute another person or body, including a tribunal whose order is being appealed, as a respondent in the place of the Attorney General of Canada.
Federal Courts Rules — 339
Service of notice of appeal 339 (1) Unless the Court directs otherwise or an Act of Parliament authorizing the appeal provides otherwise, within 10 days after the issuance of a notice of appeal, the appellant shall serve it on (a) all respondents; (b) in the case of an appeal of an order of a tribunal, (i) the Attorney General of Canada, and (ii) the tribunal or its chief executive officer; (c) any person who is not a party and who participated in the first instance; and (d) any other person directly affected by the appeal. Proof of service (2) Proof of service of a notice of appeal shall be filed within 10 days after the notice of appeal is served.