Class Action Kryptonite: Inexplicable Delay In Seeking Re-Certification Is An Abuse Of Process

Azar v Strada Crush Limited, 2021 ONSC 4758 reinforces the importance of the finality principle in the class actions context and that defendants should not face a "revolving door of representative plaintiffs." Azar is an unusual case in which interpersonal conflict between class counsel and class members led to de-certification of the class action. The certification judge found that certification of the class action had become "kryptonite in the class members' and their counsel's hands" (after a dispute over whether the proposed representative plaintiff testified wearing a Superman costume) and refused to re-certify a class action he recently de-certified.

Background

Following class counsel's successful certification motion, the representative plaintiff, George Azar, sought to appoint new counsel. He alleged that class counsel failed to advise him of his potential costs exposure and breached his professional obligations. Class counsel responded by moving to