Sentences with phrase «preferable procedure»
The phrase "preferable procedure" means that there is a certain way of doing something that is considered better or more desired compared to other ways. Full definition
``... it is patently obvious to me that the requested Youth Records are relevant to the certification criterion, most particularly to the common issues and preferable procedure criteria.
canadianlawyermag.com
Justice Blair also deferred to Justice Perell's preferable procedure analysis and, finding that the correct principles were applied, would have upheld it.
[172] There is no preferable procedure or meaningful alternative to the Superior Court adjudicating the Class Members claims» for negligence, conspiracy, inducing breach of contract, and for an oppression remedy.
As for the other claims, the defendant felt that the various claims advanced in the plaintiffs» proposed class action fail the preferable procedure criteria under s. 5 (1)(d) of the Class Proceedings Act (CPA).
It is also widely cited for its explanation of the «preferable procedure» analysis for certification.
Secondly, Justice Perell found that a class action was not the preferable procedure for the action and not necessary to do justice to the parties, largely due to the fact that the total $ 3 million value of the ten largest plaintiffs» claims made it economical for those plaintiffs to proceed together in a normal action.
The Court of Appeal also disagreed with Justice Perell's view that a joinder of multiple claims is the default position or that a class proceeding must be shown to be necessary to do justice in a case in order to be the preferable procedure.
In rejecting this point, Justice Perell held that the internal administrative process established by the Code is subsumed by the «preferable procedure» requirement for certification under Ontario's Class Proceedings Act.
A class proceeding is the preferable procedure for resolving the common issues because it allows for a fair, efficient, and manageable method for advancing the claim; and
They focus on whether the representative plaintiff and the proposed class action meet the elements of the prescribed test: whether the claim: (i) discloses a cause of action; (ii) contains an identifiable class; (iii) proposes issues common to the class; (iv) is the preferable procedure for resolving the complaint; and (v) has an appropriate representative plaintiff.
«As our Court of Appeal noted in Cloud v. Canada (Attorney General), the drafters of the [Class Proceedings Act] specifically rejected the requirement that common issues predominate over the individual issues in order for the class action to be the preferable procedure,» she wrote.
[50] The Court has not been persuaded that the «preferable procedure» doctrine is applicable in the circumstances and the Federal Courts Rules sections on class proceedings do not support the plaintiff's argument on this issue.
Common issues don't have to outweigh individual ones in order for a class action to be the preferable procedure, the Ontario Superior Court has ruled.
If the court decides that a class action is the «preferable procedure» for dealing with the plaintiff's claim, then the lawsuit is certified as a class action, and it is allowed to go forward.
In his decision in Fulawka v. Bank of Nova Scotia, 2010 ONSC 1148, Mr. Justice George Strathy of the Superior Court of Justice came to the opposite conclusion from that of his counterpart in the CIBC case, holding that systemic issues relating to the bank's conduct made the class action a preferable procedure to that of individual claims by affected employees.