Revisiting First Principles Applicable To Motions For Leave To Intervene In Class Proceedings

In Romeo v. Ford Motor Co.,¹ a recent decision of the Ontario Superior Court of Justice, Justice E.M. Morgan considered the principles applicable to a motion to intervene in a certification motion in a class proceeding. This case offers a helpful reminder of first principles applicable to interventions under the Class Proceedings Act, S.O. 1992, c. 6 ("CPA").

The motion concerned two proposed multi-jurisdictional class actions – one in Saskatchewan and another in Ontario – on behalf of people in Canada who purchased or leased a Ford Focus or Ford Fiesta equipped with a dual-clutch transmission. The representative plaintiffs in the proposed class action in Saskatchewan (the "Moving Parties") sought leave to intervene in the certification motion in the proposed Ontario class action. Justice Morgan found that the proposed Saskatchewan class action raised "essentially the same claim" as the proposed Ontario class action.