Is the certification stage of a class action a test of the merits of the action?
Ontario, Canada
The following excerpt is from Johnson v Ontario, 2016 ONSC 5314 (CanLII):
In Hollick v. Toronto (City), supra, McLachlin C.J. cautioned, at para. 16: …the certification stage is decidedly not meant to be a test of the merits of the action…Rather the certification stage focuses on the form of the action. The question at the certification stage is not whether the claim is likely to succeed, but whether the suit is appropriately prosecuted as a class action…
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