Rooke v. Canada (Health)

Rooke v. Canada (Health)

The prothonotary's order is upheld: Rule 121 requires a representative plaintiff in a proposed class proceeding to be represented by counsel or obtain court permission to proceed without counsel at the outset; the prothonotary had no jurisdiction to hear a certification motion from a self-represented proposed representative plaintiff who had not obtained relief under Rule 121; the filing fee reimbursement was not warranted; there was no reasonable apprehension of bias; the extension of time to appeal is denied; appeal dismissed with costs of $250.

Citation
2019 FC 765
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
31 May 2019
Procedural Posture
Appeal of Prothonotary Order Re Class Proceeding Certification / Final Judgment on Appeal and Extension of Time
Outcome
Appeal dismissed; application for extension of time dismissed; costs awarded.
Legal Topics
Representative Plaintiff Requirements, Federal Courts Rules Rule 121, Recusal and Judicial Bias, Filing Fee Waiver and Reimbursement, Extension of Time for Appeal, Standard of Review
Source Language
English
Class Actions Civil Procedure Administrative Law Constitutional Law Costs Representative Plaintiff Requirements Federal Courts Rules Rule 121 Recusal and Judicial Bias +3 more

Case Brief

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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

Appeal of Prothonotary Order Re Class Proceeding Certification / Final Judgment on Appeal and Extension of Time

Legal Issues

  1. 1 Whether Rule 121 requires a representative plaintiff to be represented by a solicitor at the commencement of a proposed class proceeding
  2. 2 Whether the filing fee paid can be reimbursed or waived after payment
  3. 3 Whether the prothonotary should have recused herself for alleged bias

Ratio Decidendi

The prothonotary's order is upheld: Rule 121 requires a representative plaintiff in a proposed class proceeding to be represented by counsel or obtain court permission to proceed without counsel at the outset; the prothonotary had no jurisdiction to hear a certification motion from a self-represented proposed representative plaintiff who had not obtained relief under Rule 121; the filing fee reimbursement was not warranted; there was no reasonable apprehension of bias; the extension of time to appeal is denied; appeal dismissed with costs of $250.

Court Disposition

Appeal dismissed; application for extension of time dismissed; costs awarded.

Orders

  • The appeal and the application for an extension of time are dismissed with costs in the amount of $250.00, payable forthwith and in any event of the cause.