Class Proceedings Act 1992
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| Class Proceedings Act 1992 s 2(1) | COMMENCING A CLASS PROCEEDING: one or more members of a class of persons may commence a proceeding in the court on behalf of the members of the class | |
| Class Proceedings Act 1992 s 2(2) | MOTION FOR CERTIFICATION: a person commencing a class proceeding per (1) must make a motion to a judge for an order certifying the class proceeding AND appointing that person as the representative plaintiff | |
| Class Proceedings Act 1992 s 2(3) | TIME LIMIT FOR PLAINTIFF: a motion for certification must be made within: (a) 90 days of delivery of last statement of defence/notice of intent to defend/notice of appearance, or the expiry date for any of the above (which ever is later), or (b) with leave of the court. | |
| Class Proceedings Act 1992 s 3 | DEFENDANT’S CLASS PROCEEDING: a defendant to two or more proceedings may make a motion to a judge to have it certified as a class proceeding and have a representative plaintiff appointed. | |
| Class Proceedings Act 1992 s 4 | CLASSING DEFENDANTS: At any stage of a proceeding against two or more defendants, any party may make a motion to a judge to have it certified as a class proceeding and have a representative defendant appointed. | |
| Class Proceedings Act 1992 s 5(1) | Court MAY certify class proceeding if: pleadings disclose a COA; (b) there is an identifiable class of 2+ who could be represented by rep plaintiff; (c) claims raise common issues among the class; (d) class proceeding is preferable option; (e) representative plaintiff/defendant (i) fairly + adequately represents the interests of the class; (ii) has workable plan that advances proceeding, and (iii) no conflict of interest with other class members. | |
| Class Proceedings Act 1992 s 5(3) | CLASS SIZE: each party to a motion for certification file an affidavit indicating their best information on the number of members in the class. | |
| Class Proceedings Act 1992 s 5(4) | ADJOURNMENTS: the court may adjourn the certification motion to permit to amend materials or permit more evidence. | |
| Class Proceedings Act 1992 s 5(5) | CERTIFICATION IS NOT A RULING ON MERITS: certification of a class proceeding is not an indication of the merits of the underlying action. It simply means the party has met the requirements to pursue the action as a class. | |
| Class Proceedings Act 1992 s 6 | Court will not refuse to certify a class proceeding on a sole ground that: 1. individual assessment of damages required after determination of common issues 2. Relief claimed relates to separate contracts involving different class members. 3. Different remedies sought by different class members. 4. Number of class members or identity of each class member unknown. 5. Subclass has claims or defences that raise common issues not shared by all class members. | |
| Class Proceedings Act 1992 s 7 | REFUSAL TO CERTIFY: PROCEEDING MAY CONTINUE IN ALTERED FORM: if a court refuses certification of a class proceeding, it may still permit the proceeding to go forward as one or several proceedings between different parties. To enable this, the court may: (a) add, delete or substitute parties, (b) order amendment to the pleadings or notice of application, (c) make any other order it considers appropriate. | |
| Class Proceedings Act 1992 s 8(1) | CONTENTS OF A CERTIFICATION ORDER: a class certification order must contain the following information: (a) description of the class (b) names of the representative parties (c) nature of the claims/defences (d) relief sought by the class (e) common issues for the class (f) how to opt out of the class and opt-out deadline date. | |
| Class Proceedings Act 1992 s 30(1) | APPEAL OF REFUSAL TO CERTIFY OR DECERTIFY: a refusal to certify or a decertification order may be appealed to Divisional Court | |
| Class Proceedings Act 1992 s 30(2) | APPEAL A CERTIFICATION: a class certification order may be appealed to Divisional Court if the party gets leave of the Superior Court to do so. | |
| Class Proceedings Act 1992 s 30(3) | APPEAL OF REFUSAL TO CERTIFY OR DECERTIFY: a judgement on common issues may be appealed to the Court of Appeal unless it is an order that determines an individual claim by class members. | |
| Class Proceedings Act 1992 s 30(4) | APPEAL BY CLASS MEMBER ON BEHALF OF CLASS: any class member may make a motion to the court to act as representative for an appeal per subsections (1) [refusal to certify/decertification] or (2) [certification] if the original representative party does not appeal, seek leave to appeal, or abandons such an appeal. | |
| Class Proceedings Act 1992 s 31(1) | COSTS: court may consider if the class proceeding was a test case, raised a novel point of law, or involved a matter of public interest when exercising its discretion on costs, per Courts of Justice Act s. 131(1) | |
| Class Proceedings Act 1992 s 31(2) | CLASS MEMBER LIABILITY FOR COSTS: the representative party may be liable for costs, but except for the costs related to their individual claims, the other class members are not liable for costs. |
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