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ARTICLE · 11 FEBRUARY 2019

Bennett v. Hydro One: The Divisional Court Cuts The Power To A Systemic Negligence Class Action

Borden Ladner Gervais LLP
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On December 31, 2018, the Divisional Court released its decision in Bennett v. Hydro One Inc. et al with respect to the appeal of the dismissal of a motion for certification of the action as a class proceeding.

CanadaLitigation, Mediation & Arbitration
Bevan Brooksbank
Bevan Brooksbank
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On December 31, 2018, the Divisional Court released its decision in Bennett v. Hydro One Inc. et al with respect to the appeal of the dismissal of a motion for certification of the action as a class proceeding. The decision provides further guidance concerning the Court's treatment of common issues, the extent to which the merits of a matter may influence the assessment of commonality, and when a regulatory regime will be deemed a preferable procedure for the purposes of the certification test.

By way of background, on November 28, 2017, the Ontario Superior Court dismissed a motion to certify a class action against Hydro One Networks Inc. ("Hydro One") that sought damages of $100 million related to alleged overcharges resulting from the rollout of a new customer information system (CIS) starting in 2013. There was no significant dispute as to the faults with the CIS, and that billing overcharges resulted.  Justice Perell held that the representative plaintiff

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