Third Session, Thirty-Seventh Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 16
Section | Table of Contents |
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 |