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S.M. 2002, c. 14
Bill 16, 3rd Session, 37th Legislature
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 |