What is the test for certifying a motion?

Ontario, Canada


The following excerpt is from Hodge v. Neinstein, 2014 ONSC 4503 (CanLII):

The purpose of a certification motion is to determine how the litigation is to proceed and not to address the merits of the plaintiff's claim; there is to be no preliminary review of the merits of the claim: Hollick v. Toronto (City), supra at paras. 28 and 29.

Other Questions


What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
What are the costs of a motion to certify a motion for personal injury? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
What is the test for a motion to certify as a class representative? (Ontario, Canada)
Is a request for leave to amend a mid-motion to a motion for summary judgment fair? (Ontario, Canada)
What is the consequence of a motion judge's decision not to bifurcate the liability and penalty phases of a contempt motion? (Ontario, Canada)
What is the threshold to maintain an objection to a motion of motion where the next step in the proceeding is documentary discovery? (Ontario, Canada)
Can a motion for summary judgment be dismissed or adjourned if there are outstanding undertakings on the motion? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.