Division 27.4 Representation of concurrent interests
(cf SCR Part 8, rule 13; DCR Part 7, rule 15)
(1) Subject to subrule (5), this rule applies to any proceedings concerning:(a) any matter in which:(i) numerous persons have claims against the same person, and(ii) the claims of all those persons are in respect of, or arise out of, the same, similar or related circumstances, and(iii) the claims of all those persons give rise to a substantial common issue of law or fact, or(b) any matter in which numerous persons have the same liability.(2) Proceedings to which this rule applies may be commenced and, unless the court orders otherwise, carried on by or against any one or more persons as representing any one or more of them.(2A) Any such proceedings may be commenced:(a) whether or not the relief sought:(i) is, or includes, equitable relief, or(ii) consists of, or includes, damages, or(iii) includes claims for damages that would require individual assessment, or(iv) is the same for each represented person, and(b) whether or not the proceedings:(i) are concerned with separate contracts or transactions between the defendant in the proceedings and individual represented persons, or(ii) involve separate acts or omissions of the defendant done or omitted to be done in relation to individual represented persons.(3) At any stage of the proceedings, the plaintiff may apply to the court for an order appointing one or more of the defendants or one or more of the other persons to represent any one or more of them.(4) If a person who is not a party to the proceedings is appointed as referred to in subrule (3), that person must be joined as a party under rule 6.24.(4A) If it appears to the court that determination of the issue or issues common to all the represented persons will not finally determine the claims of all the represented persons, the court may give directions in relation to the determination of the remaining issues.(4B) Without limiting subrule (4A), the court may direct that notice be given to some or all of the represented persons in the proceedings in respect of any matter.(4C) A represented person, whether or not joined as a party, is taken to have brought proceedings on the day on which the person became a represented person on all of the person’s causes of action that may be determined by judgment in the proceedings.(4D) Without limiting subrule (2), the court may, on application by the defendant or of its own motion, order that proceedings no longer continue under this rule where it is satisfied that it is in the interests of justice to do so because:(a) the costs that would be incurred if the proceedings were to continue are likely to exceed the costs that would be incurred if each represented person conducted separate proceedings or(b) where the relief sought is the payment of money, the cost to the defendant of identifying the represented persons and distributing to them the amounts ordered to be paid to them would be excessive having regard to the likely total of those amounts, or(c) all the relief sought can be obtained by means of proceedings other than proceedings under this rule, or(d) the proceedings will not provide an efficient and effective means of dealing with the claims of all represented persons, or(e) a representative party is not able to adequately represent the interests of the represented persons.(5) This rule does not apply to proceedings concerning:(a) the administration of a deceased person’s estate, or(b) property the subject of a trust.
7.5 Judgments and orders in proceedings bind represented persons
(cf SCR Part 8, rule 13; DCR Part 7, rule 15)
(1) A judgment or order made in proceedings in which a party has, pursuant to rule 7.4, represented a number of persons binds all of those persons, but is not enforceable against any of those persons who is not a party except by leave of the court.(2) Notice of motion for an application for leave under subrule (1) must be personally served on the person against whom the judgment or order is sought to be enforced.(3) Subrule (1) does not prevent a person against whom the judgment or order is sought to be enforced from disputing liability by reference to circumstances peculiar to his or her case.
7.6 Representation in cases concerning administration of estates, trust property or statutory interpretation
(cf SCR Part 8, rule 14)
(1) In relation to proceedings concerning:(a) the administration of a deceased person’s estate, or(b) property the subject of a trust, or(c) the construction of an Act, instrument or other document,where a person or class of persons is or may be interested in or affected by the proceedings, the court may appoint one or more of those persons to represent any one or more of them.(2) A person or persons may not be appointed under subrule (1) unless the court is satisfied of one or more of the following:(a) that the person or class, or a member of the class, cannot, or cannot readily, be ascertained,(b) that the person or class, or a member of the class, although ascertained, cannot be found,(c) that, although the person or class, or a member of the class, has been ascertained and found, it is expedient for the purpose of saving expense (having regard to all of the circumstances, including the amount at stake and the degree of difficulty of the issue or issues to be determined) for a representative to be appointed to represent any one or more of them.(3) For the purposes of this rule, persons may be treated as having an interest or liability:(a) even if, in relation to one or more of them, the interest or liability is a contingent or future interest or liability, or(b) even if one or more of those persons is an unborn child.(4) This rule does not limit the operation of rule 7.10.
7.7 Judgments and orders bind represented persons in estate and trust property proceedings
(cf SCR Part 8, rule 14)
A judgment or order made in proceedings in which a party has, by an order under rule 7.6, been appointed to represent a number of persons, or members of a class of persons, binds all such persons, and all members of such a class, as if they had been parties to the proceedings.
7.8 Court may determine who has conduct of proceedings
(cf SCR Part 8, rule 17; DCR Part 7, rule 14; LCR Part 6, rule 15)
The court may give the conduct of the whole or any part of any proceedings to such person as it thinks fit.
7.9 Judgments and orders bind beneficiaries
(cf SCR Part 8, rule 15)
(1) This rule applies to proceedings that have been commenced by or against a trustee, executor or administrator, including proceedings to enforce a security by way of foreclosure or otherwise.(2) It is not necessary to join as a party any of the persons having a beneficial interest under the trust, or in the estate, concerned.(3) Subject to subrule (4), any judgment that is given, and any order that is made, is as binding on a person having a beneficial interest under the trust, or in the estate, as it is binding on the trustee, executor or administrator.(4) If, in relation to proceedings in which such a judgment or order has been made, the court is satisfied that the representative, trustee, executor or administrator did not in fact represent some or all of the persons having a beneficial interest under the trust, or in the estate, the court may order that the judgment or order does not bind those persons.(5) This rule does not limit the power of the court to order that a party be joined under rule 6.24.
7.10 Interests of deceased person
(cf SCR Part 8, rule 16; DCR Part 7, rule 13; LCR Part 6, rule 14)
(1) This rule applies to any proceedings in which it appears to the court:(a) that a deceased person’s estate has an interest in the proceedings, but is not represented in the proceedings, or(b) that the executors or administrators of a deceased person’s estate have an interest in the proceedings that is adverse to the interests of the estate.(2) The court:(a) may order that the proceedings continue in the absence of a representative of the deceased person’s estate, or(b) may appoint a representative of the deceased person’s estate for the purposes of the proceedings, but only with the consent of the person to be appointed.(3) Any order under this rule, and any judgment or order subsequently entered or made in the proceedings, binds the deceased person’s estate to the same extent as the estate would have been bound had a personal representative of the deceased person been a party to the proceedings.(4) Before making an order under this rule, the court may order that notice of the application be given to such of the persons having an interest in the estate as it thinks fit.