Class Proceedings

Class proceedings may be brought in the Federal Court in accordance with Part 5.1 of the Federal Courts Rules. The regime provides for representative plaintiffs or applicants, certification as a class proceeding, notice to class members, participation by class members, opting out and exclusion by class members, appeals, and costs.

Class proceedings in the Federal Court are restricted to the areas of law over which the Federal Court has jurisdiction (Federal Courts Act, s 50.1).

Examples of cases certified as class proceedings in the Federal Court include allegations of mistreatment of Indigenous children who attended Indian Residential Schools and Indian Day Schools, or who were taken from their families and placed with non-Indigenous caregivers; allegations that the Government of Canada negligently permitted workplace and other environments that were conducive to sexual misconduct, assault or discrimination; disability claims under the Pension Act; claims for benefits under the Employment Insurance Act; and alleged violations of the Competition Act.

Relevant Statutes

• Federal Courts Act, RSC 1985, c F-7
• Federal Courts Rules, SOR/98-106