Is a defendant's threat or dire predictions of the consequences of certification disqualifying a plaintiff from a class proceeding?
Ontario, Canada
The following excerpt is from Berg v Canadian Hockey League, 2017 ONSC 2608 (CanLII):
A disqualifying conflict for the representative plaintiff does not arise from a defendant’s threats or dire predictions of the consequences of certification. A future theoretical risk is no basis to deprive class members of access to justice through a class proceeding: Chapman v. Benefit Plan Administrators, supra at paras. 59-61.
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