What is the evidential standard for a certification motion?

Ontario, Canada


The following excerpt is from LeFrancois v. Guidant Corporation, 2009 CanLII 30448 (ON SC):

Whether or not the distinction I attempted to draw in Dumoulin v. Ontario, [2005] O.J. No. 3961 is tenable, I adhere to the view that the minimum evidential standard affirmed in Hollick, applies to factual issues that may be determinative of both the requirements for certification and the merits of the claims advanced on behalf of the class. The usual process of fact-finding is, therefore, not intended to be a feature of certification motions and this court has deprecated the delivery of extensive motion records by the parties and taken this into account when awarding costs.

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