What are the costs of a certification motion?
Ontario, Canada
The following excerpt is from MacDougall v. Ontario Northland Transportation Commission, 2007 CanLII 35710 (ON SC):
The principle that costs follow the event must be balanced against the goal of civil justice access. Over the years, significant costs have been awarded in both successful and unsuccessful certification motions. However, as Nordheimer J. noted in Gariepy v. Shell Oil Co., it is almost impossible to compare costs decisions or in any attempt to arrive at predictable or consistent decisions.
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