At the certification motion before Justice Perell, the defendants consented to certification of the action subject to one contested issue regarding the scope of the plaintiff's
proposed class definition.
In Chadha v. Bayer Inc., [2003] O.J. 27, the court of appeal upheld the finding of the Divisional Court that
the proposed class definition that included homeowners who «suffered loss or damages» was circular.
Ontario Superior Court Justice Edward Belobaba certified the action April 13, but it is still subject to Court approval of amendments to
the proposed class definition and the replacement of the representative plaintiff, Shireen Sondhi.
At the certification motion, the plaintiffs in Brown had
proposed a class definition consisting of employees who had worked for CIBC after 1996 and held the job titles of analyst, investment advisor, or associate investment advisor.
However, he subsequently narrowed
the proposed class definition substantially so as to only include Canadian purchasers of MDC's common shares on both the TSX and NASDAQ (the «Ontario Securities Class Action»).
Not exact matches
A
class action is a legal proceeding commenced by a representative plaintiff on behalf of themselves and a group or
class of people who fall under the same
definition of a
proposed class.
The
definition of the
proposed class changed over the course of the proceedings.
By
definition, members of the
proposed class are persons who have spent time in jail from a relatively young age, have developed drug and alcohol problems, have damaged senses of masculinity, and have maintained their silence for years.