Class Actions Resurrected: Refusal To Certify May Not End Class Action Proceedings

The primary goal for defendants at the outset of a class proceeding is refusal of certification. However, it is important to note that denial of certification under the Class Proceedings Act does not put an end to the case. Under section 7 of the Act, "[w]here the court refuses to certify a proceeding as a class proceeding, the court may permit the proceeding to continue as one or more proceedings between different parties." In addition, section 7 gives the court the power to:

• order the addition, deletion or substitution of parties;
• order the amendment of the pleadings or notice of application; or
• make any further order that it considers appropriate.

Refusal to Certify Does not Amount to Dismissal