Case Review of Decertification Motions in Class Proceedings

Key Points

• This article examines the criteria for decertification in class proceedings and recent case applications in Canada.
• Reviewed recent decertification motions in class proceedings in Canada.
• Analyzed instances where new evidence influenced decertification decisions.
• Highlighted alternative judicial measures taken when decertification was not granted.
• Identified successful decertification motions based on new evidence or developments.
• Annotated cases where courts opted for alternatives instead of granting decertification.
• Showed varying judicial approaches to address defendant concerns in class actions.