Supreme Court Rules 1987

(1) This rule applies to a proceeding relating to:

(a) the administration of the estate of a deceased person;

(b) property subject to a trust; or

(c) the construction of an Act or an instrument.

(2) The Court may appoint one or more persons to represent a person (including an unborn person) who or class which is or may be interested (whether presently or for a future, contingent or unascertained interest) in, or affected by, the proceeding where:

(a) the person, the class or a member of the class cannot be ascertained or cannot readily be ascertained;

(b) the person, class or a member of the class, although ascertained, cannot be found; or

(c) although the person or the class and its members can be ascertained and found, it appears to the

Court having regard to all the circumstances, including the amount at stake and the degree of difficulty of the point to be determined, it is expedient to make the order for the purpose of saving expense.

(3) Where the Court makes an order under subrule (2), a judgment or order in the proceeding shall bind the person or members of the class represented as if he or they were parties.

(4) Where a compromise of a proceeding is proposed and some of the persons who are interested in, or who may be affected by, the compromise are not parties (including unborn or unascertained persons) but:

(a) there is a party in the same interest who assents to the compromise or on whose behalf the

Court sanctions the compromise; or

(b) the absent persons are represented by a person appointed under subrule (2) and he so assents,

the Court, if satisfied that the compromise is for the benefit of the absent persons, may approve the compromise and order that it shall be binding on the absent persons, and they shall be bound accordingly except where the order is obtained by fraud or non‑disclosure of a material fact.