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ARTICLE · 23 JANUARY 2012

Preliminary Motions In Class Proceedings: Certification And Other Contenders

Lerners LLP
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This paper is intended to compliment that submitted by Ward Branch, and his colleagues at Branch MacMaster (Vancouver), for presentation and discussion at the Canadian Institute’s 5th Annual National Forum on "Litigating Class Actions" (2004).

CanadaLitigation, Mediation & Arbitration
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Article by Ian F. Leach1

I. INTRODUCTION

This paper is intended to compliment that submitted by Ward Branch, and his colleagues at Branch MacMaster (Vancouver), for presentation and discussion at the Canadian Institute's 5th Annual National Forum on "Litigating Class Actions" (2004). It accordingly limits its discussion to developments insofar as they relate to Ontario, and litigation advanced under Ontario's Class Proceedings Act, 19922.

II. COMPETING PRIORITIES: CERTIFICATION FIRST?

Ten years into the life of the CPA, one would think people might at least agree on the general process to be followed in litigating a class proceeding in Ontario. One would be wrong.

As it turns out, plaintiffs and defendants still can not even agree on the first step to be taken in a class proceeding. Plaintiffs insist that certification be dealt with first; everything else can be dealt with later, in the fulness of time. Defendants argue that preliminary motions

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