| Citation: |
Rhodes v. Compagnie Amway Canada, 2010 FC 498, [2010] 3 F.C.R. D-7 |
T-1754-09 |
Practice
Class Proceedings
Motion for directions seeking order setting agenda to hear, decide upon motion for certification as class proceeding pursuant to Federal Courts Rules, SOR/98-106, r. 54—Plaintiffs requesting that defendants’ motion to dismiss action for lack of jurisdiction be heard, decided at same time as motion for certification as class proceeding—Unnecessary to choose between competing schools of thought on proper management of class action proceedings where court’s jurisdiction questioned—Order in which motions heard, decided within class action determined on case-by-case basis by taking into account circumstances, issues raised—Similarity between Federal Court Rules, SOR/98-106, rr. 221(1)(a), 334.16(1)(a) leading to conclusion lack of jurisdiction arguments may be determined either within hearing for certification or as separate matter on distinct motion prior to certification—In these circumstances, such issue falling under Federal Court’s discretionary authority to manage its proceedings—In this case, motion challenging jurisdiction should be heard prior to hearing of motion for certification.
Rhodes v. Compagnie Amway Canada (T-1754-09, 2010 FC 498, Mainville J., judgment dated May 5, 2010, 13 pp.)