C.C.S.M. c. C130
The Class Proceedings Act
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Table of Contents
| PART 1 | ||
| INTRODUCTORY PROVISIONS | ||
| 1 | Definitions | |
| PART 2 | ||
| CERTIFICATION | ||
| (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 | Adjournment of certification motion | |
| (2) | Meaning of certification | |
| 6 | Certification of subclass | |
| (2) | Representative plaintiff for subclass | |
| (3) | Residency | |
| 7 | Certain matters not bar to certification | |
| 8 | Contents of certification order | |
| (2) | Contents of certification order involving subclasses | |
| (3) | Amendment of certification order | |
| 9 | Refusal to certify | |
| 10 | If conditions for certification not satisfied | |
| (2) | Consequences of decertification | |
| PART 3 | ||
| CONDUCT OF CLASS PROCEEDINGS | ||
| 11 | Stages of class proceedings | |
| (2) | Judgment on common issues | |
| 12 | Court may determine conduct of proceeding | |
| 13 | Court may stay proceeding | |
| 14 | Motions before certification judge | |
| (2) | Unavailability of certification judge | |
| (3) | Certification judge not to preside at trial | |
| 15 | Participation of class members | |
| (2) | Court order re participation by class members | |
| 16 | Opting out of class proceeding | |
| 17 | Discovery | |
| (2) | Discovery of class members | |
| (3) | Considerations re discovery of class members | |
| (4) | Failure to submit to examination for discovery | |
| 18 | Examination of class members | |
| (2) | Considerations re examination of class members | |
| 19 | 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 | Notice of determination of common issues | |
| (2) | Considerations re notice | |
| (3) | Contents of notice | |
| 21 | 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 | Costs of notice | |
| (2) | Court may consider different interests of subclass | |
| PART 4 | ||
| ORDERS, AWARDS AND RELATED PROCEDURES |
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| 25 | Contents of order on common issues | |
| 26 | Judgment on common issues binding | |
| (2) | Where judgment does not bind party | |
| 27 | 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 | |
| 29 | Aggregate awards of monetary relief | |
| (2) | Submissions by defendant | |
| 30 | 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 | Average or proportional share of aggregate awards | |
| (2) | Application to be excluded from distribution | |
| (3) | Considerations re exclusion | |
| (4) | Deduction of individual awards | |
| 32 | 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 | 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 | Undistributed award | |
| (2) | Considerations re undistributed award | |
| (3) | Undistributed award if class members unknown | |
| (4) | Award may benefit non-class members | |
| (5) | Unclaimed award | |
| 35 | 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 | 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 | Costs | |
| (2) | Considerations re costs | |
| (3) | Assessment of costs | |
| (4) | Class members not liable for costs | |
| 38 | 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 | 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 | |
| Back to the Act | Bilingual (PDF) |