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Federal Courts Rules

Version of section 299.2 from 2006-03-22 to 2007-12-12:

Marginal note:Grounds that may not be relied on

 A judge shall not refuse to certify an action as a class action solely on one or more of the following grounds:

  • (a) the relief claimed includes a claim for damages that would require an individual assessment after a determination of the common questions of law or fact;

  • (b) the relief claimed relates to separate contracts involving different class members;

  • (c) different remedies are sought for different class members;

  • (d) the number of class members or the identity of each class member is not known; or

  • (e) the class includes a subclass whose members have claims that raise common questions of law or fact not shared by all class members.

  • SOR/2002-417, s. 17

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