Law360 Canada ( November 24, 2021, 6:36 AM EST) -- Appeal by the representative plaintiff in a class proceeding from an order dismissing the class’ motion for costs in a class proceeding that had settled. The Federal Court concluded none of the exceptions under Rule 334.39 of the Federal Courts Rules applied to warrant a costs award. The class comprised of individuals whose applications for support under Canada’s Thalidomide Survivors Contribution Program were denied. After the action was commenced, amendments made to the Program resolved many of the issues raised in the class proceeding. The parties then settled the class proceeding. The appellant argued the Federal Court’s interpretation of the exceptions did not serve the purpose of the no costs rule, which the appellant argued was to incentivize class proceedings and interpreted the exceptions as requiring the appellant to approve subjective intent on the part of the respondent to engage in the conduct described in the exceptions which set too high a bar....