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.
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