What is reasonable expectation that a defendant will respond to a motion to certify a class action?
Ontario, Canada
The following excerpt is from Markowich v. Lundin Mining Corporation, 2022 ONSC 1233 (CanLII):
It is reasonable to expect “that the certification battle is likely to be both lengthy and expensive”, and that “a defendant will respond to a certification motion utilizing all of its available effort and resources”, since “a class proceeding represents a significant risk to a defendant given the enormous potential liability that attaches to such claims if the procedure is certified”: Gariepy v. Shell Oil Co., 2002 CanLII 19450 (Ont. S.C.), at para. 5.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is Rule 2.02 of the Rules of Civil Procedure applicable to Respondent Respondents to Respondents Respondents? (Ontario, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
Is there compelling reason to continue the action against individual respondents even if a corporate respondent assumes liability? (Ontario, Canada)
What is the effect of a motion to certify the proceedings as a class action? (Ontario, Canada)
What is the test for certifying a wrongful dismissal action as a national class action? (Ontario, Canada)
Can a motion be brought on consent to add additional class members to a class action? (Ontario, Canada)
Does a summary judgment motion that was reasonably brought and then abandoned disentitle the responding party to its costs? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What is the class definition for a class action? (Ontario, Canada)
What is the test for a motion to certify as a class representative? (Ontario, Canada)
