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Canadian Class Actions Monitor

Tag Archives: discontinue an action under Rule 334.39(1) of the Federal Court Rules

Federal Court confirms no cost awards granted against Plaintiffs for discontinuance of class proceedings under Rule 334.39(1)

Posted in Class Actions

In the recent decision of Dennis v Canada, the Federal Court upheld the principle of the “no-costs” approach for plaintiffs who wish to discontinue an action under Rule 334.39(1) of the Federal Court Rules (the “Rules”).

Background

Earlier this spring, farmers in Western Canada started a class proceeding in Manitoba against the Minister of Agriculture and Agri-Food, and the former Canadian Wheat Board (“CWB”) and its successors, (collectively, the “Defendants”). Edward Dennis is the named Plaintiff in the proposed action, which is noted to have impacted over 70,000 farmers in the provinces of Manitoba, Saskatchewan, Alberta and the Peace River District of British Columbia (collectively, the “Plaintiffs”).… Continue Reading