Can a representative plaintiff withdraw from a class action?

British Columbia, Canada


The following excerpt is from Dodd v. Stork Craft Manufacturing Inc., 2011 BCSC 1914 (CanLII):

Counsel appear to agree that the decision of Mr. Justice Winkler, as he then was, of the Ontario Superior Court of Justice in Logan v. Canada (Minister of Health), properly articulates the issues the court must examine before allowing a representative plaintiff to withdraw from a class action. At paragraph 7 of that decision Justice Winkler observed: The court must be cautious in permitting representative plaintiffs to withdraw once they have commenced a class proceeding. The decision to begin a class action should not be taken lightly. There must be a cogent reason for seeking to withdraw and this can only be done with court approval. A court must scrutinize a motion for withdrawal carefully.

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