Can a statement of claim be converted to a class action?

Ontario, Canada


The following excerpt is from Lacroix v. Canada Mortgage and Housing Corporation, 2007 CanLII 14335 (ON SC):

A statement of claim commenced under the Class Proceedings Act (the “Act”), is a special type of action. It is not simply an individual action which can be converted to a class action by certification. Winkler J. expresses this important concept as follows in Logan v. Minister of Health, 36 C.P.C. (5th) 176 at para.13: “An intended class proceeding is brought by a proposed representative plaintiff pursuant to the CPA on behalf of a putative class of plaintiffs. In other words, it is a claim brought pursuant to the procedural mechanism of the CPA on behalf of a group of people similarly situated claiming relief in respect of a common wrong. It originates from the time of the issuance of the claim or notice of action. It is not an individual action that metamorphosises (sic) to a class proceeding when certified. Rather, the proceeding changes from an intended class proceeding, which was commenced as such, to a ‘certified’ class proceeding which will then be conducted accordingly with respect to its continuation.”

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