What is the test for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992?
Ontario, Canada
The following excerpt is from Kherani v. Bank Of Montreal, 2012 ONSC 2230 (CanLII):
This is a motion for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992, S.O. 1992, c. 6 ("Class Proceedings Act"). The motion was heard together with a motion to certify the companion action of Alnasir Pardhan v. Bank of Montreal (“Pardhan action”). Both actions arise out of the same fraud.
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