Costs of the certification motion are ordinarily awarded to the successful plaintiff even where the defendant consents, on the basis, as Cullity J. noted in Barbiero v. Pollack, [2004] O.J. No. 6070 (S.C.J.) at para. 2, that the plaintiff has the burden “not only in persuading the defendant that the requirements for certification were satisfied but, also, of persuading the court. A decision that proceedings should be certified requires an exercise of judgment by the court, and this is so whether or not the defendant consents to the order.” These principles apply to this case.
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