What is the test for a motion for certification to proceed in a personal injury case?

Ontario, Canada


The following excerpt is from Vester v Boston Scientific Ltd., 2015 ONSC 7950 (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. However, the plaintiff must show “some-basis-in-fact” for each of the certification criteria other than the requirement that the pleadings disclose a cause of action: Hollick v. Toronto (City), supra at paras. 16-26.

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