Federal Courts Rules

Marginal note:Individual questions

• 334.26 (1) If a judge determines that there are questions of law or fact that apply only to certain individual class or subclass members, the judge shall set a time within which those members may make claims in respect of those questions and may

  • (a) order that the individual questions be determined in further hearings;

  • (b) appoint one or more persons to evaluate the individual questions and report back to the judge; or

  • (c) direct the manner in which the individual questions will be determined.

• Marginal note:Judge may give directions

  (2) In those circumstances, the judge may give directions relating to the procedures to be followed.

• Marginal note:Who may preside

  (3) For the purposes of paragraph (1)(a), the judge who determined the common questions of law or fact, another judge or, in the case of a claim referred to in subsection 50(3), a prothonotary may preside over the hearings of the individual questions.