Does the proportionality principle apply to a certification motion?
Ontario, Canada
The following excerpt is from Spina v. Shoppers Drug Mart Inc., 2013 ONSC 2559 (CanLII):
In the case at bar, in addition to being beyond the scope of questioning for a certification motion, several of the questions offended the proportionality principle as it would be applicable at this juncture of the proceedings. I also discuss the proportionality principle in Ontario v. Rothmans Inc., supra.
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