Rooke v. Canada (Health)

Rooke v. Canada (Health)

A putative representative plaintiff may not commence, amend to, or seek certification of a class proceeding without either being represented by a solicitor of record or first obtaining an order permitting the plaintiff to act in a representative capacity without a solicitor; because the plaintiff had not done so his certification motion was improperly filed and is struck, recusal was not established, the filing fee return was not warranted, and costs are payable by the unsuccessful moving party.

Citation
2019 FC 730
Parties
Plaintiff: Joseph Stephen Rooke; Defendant: Canada; Defendant: The Minister of Health; Defendant: The Minister of the Department of Indian Affairs and Northern Development
Court
Federal Court
Jurisdiction
Canada
Judgment Date
4 March 2019
Procedural Posture
Civil Proposed Class Proceeding / Certification Motion / Case Management Motion for Reconsideration, Recusal and Certification
Outcome
Plaintiff’s certification motion struck as improperly filed; motion otherwise dismissed; recusal not granted; no return of filing fee ordered; costs awarded to Defendants.
Legal Topics
Certification, Self Represented Litigant, Rule 121 Solicitor Requirement, Waiver of Filing Fees, Reconsideration of Directions, Recusal
Source Language
English
Class Actions Civil Procedure Judicial Recusal Court Costs Certification Self Represented Litigant Rule 121 Solicitor Requirement Waiver of Filing Fees +2 more

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Parties

Joseph Stephen Rooke

Plaintiff

Canada

Defendant

The Minister of Health

Defendant

The Minister of the Department of Indian Affairs and Northern Development

Defendant

Procedural Posture

Civil Proposed Class Proceeding / Certification Motion / Case Management Motion for Reconsideration, Recusal and Certification

Legal Issues

  1. 1 Whether an unrepresented plaintiff may file or seek certification of a class action without first obtaining leave to act as representative without a solicitor under Rule 121
  2. 2 Whether the Case Management Judge should recuse for alleged bias
  3. 3 Whether the plaintiff’s certification motion was properly filed

Ratio Decidendi

A putative representative plaintiff may not commence, amend to, or seek certification of a class proceeding without either being represented by a solicitor of record or first obtaining an order permitting the plaintiff to act in a representative capacity without a solicitor; because the plaintiff had not done so his certification motion was improperly filed and is struck, recusal was not established, the filing fee return was not warranted, and costs are payable by the unsuccessful moving party.

Court Disposition

Plaintiff’s certification motion struck as improperly filed; motion otherwise dismissed; recusal not granted; no return of filing fee ordered; costs awarded to Defendants.

Orders

  • The Plaintiff’s motion for an Order certifying this action as a class proceeding is struck as having been improperly filed.
  • The motion of the Plaintiff is otherwise dismissed, with costs in the amount of $250 payable by the Plaintiff to the Defendants.