What is the effect of R. 45 of the Rules of Civil Procedure on the defence of a class action?
Saskatchewan, Canada
The following excerpt is from Prince Albert Pulp Company Ltd. v. Evanishen, 1975 CanLII 832 (SK CA):
The effect of this rule was described by Thomson J. in Boyko v. Jendzyjowsky (1958), 1958 CanLII 151 (SK QB), 24 W.W.R. 608, 14 D.L.R. (2d) 584 when he said at p. 611: “Under R. 45 any one seeking to defend an action on behalf of other members of a numerous class having the same interest in the cause or matter would have to obtain the authority of the court so to do because the Rule expressly requires’ that.”
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