PRACTICE |
Class Actions |
Gill v. Canada
T-165-01
2005 FC 192, Hargrave P.
7/2/05
10 pp.
Motion seeking clarification whether action to proceed as representative action pursuant to Federal Court Rules, 1998, s. 114 (now repealed), or as class action under Federal Courts Rules, s. 299.1 et seq.--Issue whether, with repeal of repre-sentative action rule, implementation of class action rules, representative action may continue as such--Case law making it clear representative actions becoming class actions under November 2002 amendments--Possible however for Court to exercise discretion under Rules, s. 55 and allow action to proceed as if still representative action--Action in case at bar dealing with Aboriginal claims--Aboriginal rights, treaty claims difficult to reconcile with class action procedure as often collective in nature--Declaration as to such rights remedy not amenable to opting out--Binding on every member of entity--While some elements of class action rules may benefit proceeding, possible to deal with these provisions as case management matters--Action to continue as representative action--Federal Court Rules, 1998, SOR/98-106, s. 114 (repealed by SOR/2002-417, s. 12)-- Federal Courts Rules, SOR/98-106, ss. 1 (as am. by SOR/2004-283, s. 2), 299.1 (as am. by SOR/2002-417, s. 17).