Federal Courts Rules (SOR/98-106)

Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.