Can a summary judgment motion be allowed to proceed before certification?
Ontario, Canada
The following excerpt is from McKenna v. Gammon Gold Inc., 2009 CanLII 66994 (ON SC):
I respectfully agree with the analysis of the authorities and the conclusions reached by Cullity J. in Martin v. Astrazeneca Pharmaceuticals PLC. The question is whether I should exercise my discretion to permit the summary judgment motion to proceed at the same time as the certification motion. I have decided that the summary judgment motion should not proceed before certification.
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