Does a defendant need to file an affidavit of records after a certification decision has been made?
Alberta, Canada
The following excerpt is from Murray v. Alberta (Calgary Health Region), 2007 ABQB 231 (CanLII):
Given that certification is not meant to be a test of the merits of the action and the above process appears sufficient to deal with matters arising from the certification application, the defendant need not file an affidavit of records until after the certification decision. Otherwise, an undue, costly and potentially unnecessary burden would be placed on the defendants. See Pearson v. Inco Ltd. (2002), 22 C.P.C. (5th) 167 cont. sup. ct.
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