Does a defence argue that a trial of common issues is preferable procedure to a defence motion to certify the proceedings?
Ontario, Canada
The following excerpt is from Bondy v. Toshiba of Canada Limited, 2007 CanLII 6238 (ON SC):
The defence argues that where the question of the preferable procedure depends on disputed questions of fact, those questions of fact must be decided on the motion to certify the proceedings and not at a trial of common issues. The authority cited for that is Dumoulin v. Ontario, supra.
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