Civil Procedure Rules of Nova Scotia  
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Part 15 - Other Kinds of Proceedings

Rule 68 - Class Proceeding

Scope of Rule 68
68.01 (1) This Rule provides for all of the following:
   
(a)
procedures that augment those in the Class Proceedings Act;
   
(b)
a simplified representative proceeding for circumstances in which the expense or complexity of a class proceeding is not warranted because all members of a class are identified as members of an organization;
   
(c)
enforcement in Nova Scotia of an award in a class proceeding, or similar proceeding, made by a court in another jurisdiction.
  (2) The Rules outside this Rule apply to a class proceeding to the extent they are consistent with this Rule and the Class Proceedings Act.
       
Statement that proceeding is under Act
68.02   The statement required by subsection 4(2) of the Class Proceedings Act, that a class proceeding is brought under the Act, may be provided in the statement of claim included in a notice of action or in the grounds in a notice of application.
       
National and Provincial Registration
68.03 (1) A party who starts a class proceeding, and a defendant or respondent who makes a motion for a certification order in a proceeding not started as a class proceeding, must deliver to the Canadian Bar Association and to the Executive Office of the Nova Scotia Judiciary registration documents and copies of the notice of action, notice of application, or notice of motion.
  (2) The registration document to be delivered to the Canadian Bar Association must be a completed National Class Action Database registration form as provided by the Association, and the registration document to be provided to the executive office must be completed in the form provided by the office on the Nova Scotia courts' website.
  (3) The registration documents and the copy of the notice must be delivered no more than ten days after the day the proceeding is started, or the day the notice of motion is filed.
  (4) The registration documents and the copy of the notice must be delivered electronically to the address respectively provided by the Canadian Bar Association and the Executive Office of the Nova Scotia Judiciary.
  (5) This Rule 68.03 ceases to have effect with respect to the registration with the National Class Action Database when the Canadian Bar Association ceases to provide a national database for class proceedings.
       
Amendment of pleading
68.04   A statement of claim, or a statement of grounds, in a class proceeding may not be amended under either Rule 38 - Pleading or Rule 83 - Amendments, after a certification order is granted, unless a judge permits the amendment.
       
Counterclaim, crossclaim, and third party claim
68.05   A defendant in a class proceeding may not counterclaim, crossclaim, or make a third party claim, unless the representative party agrees or a judge permits.
       
Discovery
68.06 (1) A party to a class proceeding may not obtain a subpoena under Rule 18 - Discovery, to compel a person to attend a discovery before the certification hearing, unless the discovery examination is allowed under Section 21 of the Class Proceedings Act.
  (2) A party who wishes to obtain a discovery subpoena to examine a witness at a discovery allowed by subsection 21(1) of the Class Proceedings Act must include, with the representations required by Rule 18 - Discovery, both of the following:
   
(a)
a representation that the witness is a party or provided an affidavit on the motion for certification, or that the party has permission of a judge under subsection 21(1) of the Act;
   
(b)
an undertaking to confine the questioning to subjects relevant to certification.
  (3) Evidence given by a member of a class, or an officer or employee on behalf of a corporate member of a class, at a discovery may be used for any purpose by an adverse party.
       
Settlement involving child or person unable to manage affairs
68.07 (1) A judge may appoint a lawyer to represent the interests of members of a class or subclass who are children, who cannot manage their own affairs, or who are unascertainable on a motion to approve a settlement of a class proceeding, or a settlement of issues common to a subclass.
  (2) The judge may provide for payment of the lawyer by a party or out of the proceeds of a settlement.
       
Simple representative proceeding
68.08 (1) A judge who is satisfied on all of the following may appoint a member of an organization to start a proceeding as plaintiff or applicant on behalf of all members of the organization:
   
(a)
the organization is not incorporated and cannot otherwise assert a right in court;
   
(b)
the members of the organization are identified;
   
(c)
all members agree with the appointment, or the appointment is in the interest of the members as a whole;
   
(d)
members have been given sufficient notice of the application for the appointment;
   
(e)
the claim to be made is not appropriate to the expense or complexity of procedures under the Class Proceedings Act;
   
(f)
it would not be in the interests of justice to require members to proceed individually.
  (2) A party, an interested person who is not a party, the prothonotary, or a judge on the judge’s own motion, may make a motion to appoint a representative in an action or application that meets the criteria in Rule 68.08(1) but was started without an appointment.
  (3) An order made in a representative proceeding binds all members who are given notice of the application, or of the motion, for the appointment of a representative.
       
Communication and cooperation with other court
68.09   A class proceeding may be coordinated with a similar proceeding for collective redress in another jurisdiction under Rule 86 - Judicial Communications Across Boarders.
       
Recognition of class proceeding before another court
68.10 (1) A party to a proceeding for collective redress, such as a class action, in another jurisdiction may start a proceeding under Rule 5 - Application, for an order making a declaration about the effect that may be given in Nova Scotia to a remedy or finding in the proceeding for collective redress.
  (2) A judge may make a declaration on any of the following subjects about a proceeding for collective redress before another court:
   
(a)
whether relief claimed or granted in the proceeding is enforceable in Nova Scotia;
   
(b)
whether a finding that is essential to the determination of the proceeding is, or will be, binding on a respondent in the Nova Scotia application;
   
(c)
whether a respondent in the Nova Scotia application is, or will be, precluded by law from seeking in a Nova Scotia proceeding a finding contradictory to an essential finding made in the proceeding before the other court.
  (3) The declaration only binds persons who are named as parties in the Nova Scotia application, unless legislation provides otherwise.
  (4) A respondent to the Nova Scotia application may be notified of the application in accordance with Rule 35 - Parties, or in a manner directed by a judge.
  (5) A party who obtains a declaration about a proceeding for collective redress may apply for a similar declaration against a person not bound by the first declaration.
  (6) A judge who cannot determine an issue on an application for a declaration until after a step is taken in the proceeding for collective redress may adjourn the hearing of the application.
       

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