On a certification motion, can a plaintiff's claims be prosecuted as a class proceeding?

Ontario, Canada


The following excerpt is from Das v George Weston Limited, 2017 ONSC 4129 (CanLII):

On a certification motion, the question is not whether the plaintiff's claims are likely to succeed on the merits, but whether the claims can appropriately be prosecuted as a class proceeding: Hollick v. Toronto (City), supra at para. 16.

Other Questions


What is the criteria for certification of a class A class B class B claim? (Ontario, Canada)
In what circumstances will the court consider a motion for certification under s.5(1) of the Criminal Prosecution Service Act, s.6(2) and s.7(3) in the context of a class or two or more people seeking access to justice? (Ontario, Canada)
What is the test for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992? (Ontario, Canada)
Does the complexity of a plaintiff’s claim in Setterington affect the determination of whether the motion can proceed? (Ontario, Canada)
Is a motion for a stay of execution pending a counter-claim, cross-claim and third party claim valid? (Ontario, Canada)
Is a plaintiff barred from proceeding with his claim for an Individual Retirement Board (IRB) claim? (Ontario, Canada)
Is a defendant's threat or dire predictions of the consequences of certification disqualifying a plaintiff from a class proceeding? (Ontario, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
What is the test for a motion for certification to proceed in a personal injury case? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.