Dufault V. Toronto Dominion Bank First Decision To Consider Recent CPA Amendments

Background

On Oct. 1, 2020, amendments to the Class Proceedings Act, 1992 (CPA) came into force. As discussed in our article from July 2020, these amendments include changes to the sequencing of motions prior to certification. Section 4.1 of the CPA states:

If, before the hearing of the motion for certification, a motion is made under the rules of court that may dispose of the proceeding in whole or in part, or narrow the issues to be determined or the evidence to be adduced in the proceeding, that motion shall be heard and disposed of before the motion for certification, unless the court orders that the two motions be heard together.

Dufault v. Toronto Dominion Bank (Dufault) is the first decision to consider section 4.1 of the CPA.