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ARTICLE · 08 JULY 2019

Party Cannot Negotiate Certification Defeat From The Jaws Of Contested Victory

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The British Columbia Supreme Court ("Court") recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers

CanadaInsurance
Joan Young
Joan Young
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The British Columbia Supreme Court (“Court”) recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers Life Insurance (“Leonard”).1

After having their first contested application for class certification dismissed, the plaintiffs returned to the Court with the defendant’s consent to ask the Court to set aside the original decision and now proceed to consent certification as part of a negotiated settlement. The Court denied the second application, declaring that if an authority did exist allowing the Court to revisit an entered order, the factors in this case did not present any injustice significant enough for the Court to exercise that authority.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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