Does a plaintiff have capacity to bear the costs of a defendant in a class action?

Ontario, Canada


The following excerpt is from 2038724 Ontario Ltd. v. Quizno's Canada Restaurant Corporation, 2008 CanLII 8421 (ON SC):

However, Rosenberg J.A.'s reference to Cullity J.'s judgment in Mortson v. Ontario Municipal Employees Retirement Board, supra, suggests that Rosenberg J.A. meant that insofar as the aspect of having a capacity to fund the litigation was relevant, a representative plaintiff in a proposed class proceeding should be treated no better and no worse that a plaintiff in a normal action, where the capacity to bear a costs award arises in the context of a motion for security for costs. A corollary to this conclusion is that the defendant to a class proceeding should be in no better and no worse a position than it would be in a normal litigation. I, therefore, conclude that the representative plaintiff's ability to pay costs to an opponent should be determined in the context of a motion for security for costs and not as an aspect of the certification motion.

Other Questions


Does a statement from Western Canadian Shopping Centres about the capacity of the representative plaintiff to bear costs order under section 5(1)(e) of the CPA apply to a class action? (Ontario, Canada)
Does a plaintiff have to pay the costs of preparing a Bill of Costs and costs submission in a personal injury case? (Ontario, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
Is it possible for a shareholder-plaintiff in an oppression action to continue the action without paying interim costs? (Ontario, Canada)
Is a successful plaintiff required to pay the costs of the unsuccessful Defendant in a personal injury action? (Ontario, Canada)
When will a plaintiff have to pay the notice costs of a class action? (Ontario, Canada)
Can a plaintiff recover damages and costs from a defendant who has been successful in a personal injury action? (Ontario, Canada)
Is a plaintiff entitled to a substantial indemnity and cost of costs for breach of trust and misrepresentation? (Ontario, Canada)
Is a defendant entitled to enriched costs over and over indemnity fees if there is no reasonable offer to settle a plaintiff's claim by payment of some amount? (Ontario, Canada)
What is the class definition for a class action? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.