In what circumstances will a court grant leave and certification under the CPA and also grant leave to proceed under Part XXIII of the Securities Act?
Ontario, Canada
The following excerpt is from Green v. Canadian Imperial Bank of Commerce, 2014 ONCA 90 (CanLII):
In Green v. CIBC, the applications for certification under the CPA and for leave to proceed under Part XXIII.1 of the Securities Act were heard together by Strathy J. Timminco was released on the second last day of the motion. Strathy J. would have granted leave and certification but following the decision in Timminco, he dismissed the leave application and the statutory action as time-barred.[1]
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