| Citation: |
Samson Cree nation v. Samson Cree nation (Chief and Council), 2010 FCA 165, [2010] 3 F.C.R. D-15 |
A-637-08 |
praCTICE
Class Proceedings
Appeal from Federal Court decision (2008 FC 1308, [2009] 4 F.C.R. 3) dismissing appellant’s motion for certification of class proceeding—Federal Court Judge finding several mandatory requirements set out in Federal Courts Rules, SOR/98-106, r. 334.16 not met—Appellant not identifying common issues of fact, law—This leading to impossibility of determining if class proceeding preferable procedure—Also no acceptable litigation plan proposed—Judge therefore questioning appellants ability to fairly, adequately represent class—Court in substantial agreement—Appellant submitting Federal Court Judge should have granted adjournment, even if not asked, to allow motion to be improved—Also submitting Judge should have identified common issues despite appellant’s failure to do so—Although role of courts active, flexible in class proceedings, role not extending to granting adjournments, even when not sought, to help those seeking certification meet requirements of r. 334.16—Burden of satisfying requirements solely upon those seeking certification—Appellants not discharging burden herein—Appeal dismissed.
Samson Cree Nation v. Samson Cree Nation (Chief And Council) (A-637-08, 2010 FCA 165, Stratas J.A., judgment dated June 17, 2010, 9 pp.)