October 30th, 2009
Factual assumptions cannot form the basis of commonality to support certification of an action as a class proceeding, according to the Ontario Superior Court.
In Nadolny v. Peel (Region), [2009] O.J. No. 4006, which involved a claim for health insurance benefit premiums, Justice Michael Quigley dismissed the plaintiff's motion for certification. Nadolny emphasizes that any party seeking to have an action certified must prove that the case meets the Class Proceedings Acts. 5(1) criteria through hard evidence, not speculative assertions.
The Lawyers Weekly
