What is the impact of a defendant raising the stakes on a certification motion?
Ontario, Canada
The following excerpt is from Toronto Community Housing Corporation v. Thyssenkrupp Elevator (Canada) Limited, 2011 ONSC 7588 (CanLII):
A defendant can unilaterally raise the stakes on a certification motion, requiring the plaintiff to incur increased risk and cost. This is what happened here and should be taken into account in fixing costs. As stated in Gariepy v. Shell Oil Company, [2002] O.J. No. 3495 (S.C.J.) at para. 5: It must be expected, therefore, that a defendant will respond to a certification motion utilizing all of its available effort and resources with the result that the certification battle is likely to be both lengthy and expensive.
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