What is the test for an aggregate assessment under section 24(1) of the Canada Pension Plan Act?

Ontario, Canada


The following excerpt is from Silver v. Imax Corporation, 2009 CanLII 72334 (ON SC):

As Cullity J. noted in Vezina v. Loblaw Companies Ltd., [2005] O.J. No. 1974 (S.C.), at para. 25: As the question of an aggregate assessment is one for the trial judge to decide, it is not the function of a motions judge to determine whether an aggregate award would be made. It is, I believe, sufficient at this stage if there is a reasonable likelihood that the preconditions in section 24(1) of the CPA would be satisfied and an aggregate assessment made if the plaintiffs are otherwise successful at a trial for common issues. I believe that is the case here. The appropriate methods of distributing any such award are, again, for the trial judge to determine pursuant to section 26.

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