What is the test for determining whether a class action was commenced for improper purpose?
Ontario, Canada
The following excerpt is from Davidson v. Stableview Asset Management Inc. et al., 2022 ONSC 895 (CanLII):
The court may also consider whether (i) the proceeding was commenced for an improper purpose, (ii) if necessary, there is a viable replacement party so that putative class members are not prejudiced, or (iii) the defendant will be prejudiced: Raponi v. Olympia Trust Company, 2021 ONSC 6761, at para. 7.
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