What is the impact of the Court of Appeal's statutory screening mechanism for unmeritorious claims?
Ontario, Canada
The following excerpt is from Green v. Canadian Imperial Bank of Commerce, 2012 ONSC 3637 (CanLII):
As van Rensburg J. observed in Silver v. Imax (Leave), at para. 232, the CSA noted the concern of public issuers that the statutory remedy could promote “strike suits” – unmeritorious claims commenced for the purpose of pressuring public issuers into substantial settlements in order to avoid improbable, but potentially devastating, exposure. The CSA stated that the screening mechanism was designed "not only to minimize the prospects of an adverse court award in the absence of a meritorious claim but, more importantly, to try to ensure that unmeritorious litigation, and the time and expense it imposes on defendants, is avoided or brought to an end early in the litigation process."
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