Can a preliminary motion in a class action be heard at the same time as the certification motion?

Saskatchewan, Canada


The following excerpt is from Rosetim Investments Inc. v. BCE inc., 2010 SKQB 24 (CanLII):

Counsel for the plaintiffs referred to the case of Alves v. MyTravel Canada, supra, in which Ottenbreit J. (as he then was) also dealt with the hearing of preliminary motions in class actions. He stated at paras. 31and 32: 31 I believe however it is not in the interests of the administration of justice that a sequential approach be used for class actions as a general rule. Generally speaking to promote judicial economy these kinds of motions can be heard at a certification hearing or immediately prior to it with the decision to be given at the same time as the certification. The point taken by various cases that the certification motions are the exception is a well taken point. 32 In my view to obtain an exception to the general rule that the certification motion should be the first motion heard on a class action, the defendants must provide a compelling reason for the court to treat matters sequentially. What is a compelling reason may vary with the individual facts of a case. Time sensitivity is one such example but it is not a factor here. The conduct and proceedings of the case as a whole should be looked at balancing the rights of the parties.

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