In what circumstances will the court consider a motion for certification under s.5(1) of the Criminal Prosecution Service Act, s.6(2) and s.7(3) in the context of a class or two or more people seeking access to justice?
Ontario, Canada
The following excerpt is from Keatley Surveying Ltd. v. Teranet Inc., 2014 ONSC 1677 (CanLII):
In Singer, Strathy J. concluded his discussion on this point, at para. 136, by stating: It has been suggested that on a motion for certification the court plays an important gate keeping function to ensure that the proceeding is in fact suitable for certification. In this case, there is no evidence of a class or two or more people seeking access to justice. In a case where all the other requirements of s.5(1) of the CPA had been met, it might be appropriate to follow the approach of Cullity J. in Lambert v. Guidant Corp.[ie. conduct the analysis under the preferable procedure requirement], but in my view this is not such a case (citations omitted).
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