Skip to main content
The Class Proceedings Act

C.C.S.M. c. C130

The Class Proceedings Act

PART 1
INTRODUCTORY PROVISIONS
1 Definitions
PART 2
CERTIFICATION
2 (1) Member of class may commence proceeding
(2) Motion for certification by plaintiff
(3) Timing of motion
(4) Representative plaintiff not from class
3 Motion for certification by defendant
4 Certification of class proceeding
5 (1) Adjournment of certification motion
(2) Meaning of certification
6 (1) Certification of subclass
(2) Representative plaintiff for subclass
(3) Residency
7 Certain matters not bar to certification
8 (1) Contents of certification order
(2) Contents of certification order involving subclasses
(3) Amendment of certification order
9 Refusal to certify
10 (1) If conditions for certification not satisfied
(2) Consequences of decertification
PART 3
CONDUCT OF CLASS PROCEEDINGS
DIVISION 1
THE ROLE OF THE COURT
11 (1) Stages of class proceedings
(2) Judgment on common issues
12 Court may determine conduct of proceeding
13 Court may stay proceeding
14 (1) Motions before certification judge
(2) Unavailability of certification judge
(3) Certification judge not to preside at trial
DIVISION 2
PARTICIPATION OF CLASS MEMBERS
15 (1) Participation of class members
(2) Court order re participation by class members
16 Opting out of class proceeding
17 (1) Discovery
(2) Discovery of class members
(3) Considerations re discovery of class members
(4) Failure to submit to examination for discovery
18 (1) Examination of class members
(2) Considerations re examination of class members
DIVISION 3
NOTICES
19 (1) Notice of certification
(2) Waiver of notice
(3) Considerations re notice
(4) Method of giving notice
(5) Different means of notice for different classes
(6) Contents of notice
(7) Solicitation of contributions
20 (1) Notice of determination of common issues
(2) Considerations re notice
(3) Contents of notice
21 (1) Notice to protect interests of affected persons
(2) Considerations re notice
22 Approval of notice by the court
23 Giving of notice by another party
24 (1) Costs of notice
(2) Court may consider different interests of subclass
PART 4
ORDERS, AWARDS AND RELATED PROCEDURES
DIVISION 1
ORDERS ON COMMON AND INDIVIDUAL ISSUES
25 Contents of order on common issues
26 (1) Judgment on common issues binding
(2) Where judgment does not bind party
27 (1) Determination of individual issues
(2) Directions for determination of individual issues
(3) Considerations in giving directions
(4) Deadline for making claim
(5) No claim without leave
(6) Considerations re leave
(7) Deemed order of the court
28 Individual assessment of liability
DIVISION 2
AGGREGATE AWARDS
29 (1) Aggregate awards of monetary relief
(2) Submissions by defendant
30 (1) Statistical evidence may be used
(2) Exempt records
(3) Introduction of statistical information
(4) Notice
(5) Contents of notice
(6) Law applies
(7) Inspection of documents
31 (1) Average or proportional share of aggregate awards
(2) Application to be excluded from distribution
(3) Considerations re exclusion
(4) Deduction of individual awards
32 (1) Individual share of aggregate award
(2) Determining claims
(3) Methods of determining claims
(4) Deadline for making claim
(5) No claim without leave
(6) Considerations re leave
(7) Amended judgment
33 (1) Distribution of awards
(2) Distribution options
(3) Considerations re distribution
(4) Court supervision
(5) Awards paid in lump sum or instalments
(6) Costs of distribution
34 (1) Undistributed award
(2) Considerations re undistributed award
(3) Undistributed award if class members unknown
(4) Award may benefit non-class members
(5) Unclaimed award
DIVISION 3
TERMINATION OF PROCEEDINGS AND APPEALS
35 (1) Settlement, discontinuance and abandonment
(2) Court approval of settlement
(3) Settlement not binding unless approved
(4) Settlement binding on class members
(5) Notice to class members
36 (1) Appeals
(2) Leave to appeal
(3) Appeal by class member
(4) Appeal of certification decision
(5) Right of class member to appeal
(6) Deadline for class member
(7) Extension of time limit to appeal
PART 5
COSTS, FEES AND DISBURSEMENTS
37 (1) Costs
(2) Considerations re costs
(3) Assessment of costs
(4) Class members not liable for costs
38 (1) Agreements respecting fees and disbursements
(2) Approval of agreements
(3) Motion for approval of agreements
(4) Interest
(5) Calculation of interest
(6) First charge
(7) Power of court to determine fees
PART 6
GENERAL
39 (1) Limitation period
(2) Suspension of limitation period
(3) Appeals
40 Application of rules of court
41 Application of Act
42 Service on Attorney-General
43 Crown bound
44 C.C.S.M. reference
45 Coming into force