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ARTICLE · 19 DECEMBER 2018

A Refresher On Judicial Review "Class Applications" In Federal Court

McCarthy Tétrault
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Likely unbeknownst to most, Rule 334.12 of the Federal Courts Rules permits applications for judicial review in the Federal Court to be prosecuted as class proceedings.

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Scott Robinson
Scott Robinson
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Likely unbeknownst to most, Rule 334.12 of the Federal Courts Rules permits applications for judicial review in the Federal Court to be prosecuted as class proceedings. This is unique to judicial reviews in the Federal Court. It offers a potentially powerful tool for persons or businesses operating in federally-regulated industries that are subject to decisions and regulations affecting more than one industry participant, to challenge certain unfavourable regulations or decisions on judicial review on a class-wide basis.

Wenham v. Canada (Attorney General), 2018 FCA 199, is a recent decision of the Federal Court of Appeal that reminds litigants of this available procedural avenue and provides guidance regarding the test for certification of such a "class application" under the Federal Courts Rules. In particular, Stratas J.A. clarified how the "cause of action" criterion should be assessed at certification of an "application" for judicial review.

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