What is the test for single management of a class proceeding?
Ontario, Canada
The following excerpt is from Paton-Holstock v. Independent Order of Foresters, 2003 CanLII 9973 (ON SC):
The law is well settled and this motion involves a simple application to the facts of this case of well-settled discretionary principles. The principles are set out in Vitapharm v. Hoffman-LaRoche.[4] Multiplicity of proceedings should be avoided. The balance of convenience should be considered between competing venues. Similar and overlapping class proceeding cases should ordinarily be case managed by one judge. This promotes efficiency, avoids inconsistency and duplication. It promotes orderly resolution and settlement. It preserves scarce judicial and court resources. It furthers the objectives of the class proceedings legislation by providing a single forum for the tailor-made class proceeding procedures and remedies such as the general power in s. 12 and the power to stay in s. 13. Single Management: Conclusion
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