Is there a low threshold to be met on a certification motion?

Henderson J. writing in Smith v. Inco Ltd. 2009 OJ 5439 observed that: 24 In my view the Hollick and Pearson decisions stand for the proposition that there is a low threshold to be met by the class representative on a certification motion because the action is usually in an early stage at the time of the certification motion, prior to examinations and prior to full documentary disclosure. However, as the action matures and evidence is revealed a party may ask the court to reopen the certification issue and more closely scrutinize the case as it relates to the criteria in s. 5 of the Class Proceedings Act.

A post-certification change in the law can also provide a basis upon which the court may interfere with a previous certification decision. See, Elder Advocates of Alberta Society v. Alberta 2011 ABQB 80l, at para 18; affirmed at 2012 ABCA 355.