Article
Court Of Appeal For Ontario Refuses To Certify Class Action For Failure To Name A Necessary Party
The Ontario Court of Appeal's decision in Gutierrez v. Watchtower Bible and Tract Society of Canada establishes critical precedents for class action certification, particularly regarding the consequences of failing to name necessary parties and the application of preferability analysis. This ruling clarifies when strategic defendant selection can prove fatal to certification and how courts should approach the Fischer framework in determining whether class proceedings are the appropriate procedural vehicle.
McCarthy Tétrault
