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ARTICLE · 04 AUGUST 2022

Certification Motion Dismissed In Proposed Roadway Design Class Action In Ontario

Borden Ladner Gervais LLP
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In the recent decision of Klassen v. City of Hamilton (2022 ONSC 3660), the Ontario Superior Court dismissed the motion to certify a class action relating to the design and construction...

CanadaLitigation, Mediation & Arbitration
Katelyn MacFadyen
Katelyn MacFadyen
David Elman
David Elman
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In the recent decision of Klassen v. City of Hamilton (2022 ONSC 3660), the Ontario Superior Court dismissed the motion to certify a class action relating to the design and construction of the Red Hill Valley Parkway (RHVP).

What you need to know

  • The Plaintiffs purported to represent a class of individuals who experienced motor vehicle collisions on the RHVP since 2007.
  • The claim alleged that the City had been negligent in designing, engineering, constructing and maintaining the RHVP.
  • The claim also alleged that the City had failed to warn drivers sufficiently of allegedly unsafe conditions.

Court's decision

Justice Edwards' decision to dismiss the certification motion turned predominantly on a finding that a class proceeding was the not the preferable procedure to adjudicate the alleged claims. The preferability requirement, as stated by Justice Edwards, requires an assessment of whether a class proceeding is a fair and efficient way to advance a

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