Case Review of Decertification Motions in Class Proceedings

• Author: Melanie Ouanounou
• Pages: 15-26

15

CASE REVIEW OF

DECERTIFICATION MOTIONS

IN CL ASS PROCEEDINGS

Melanie Ou anounou

Abstract: This article provides an overview of the test for de-

certif‌ication and rev iews recent instances in which decert if‌ica-

tion motions have been succes sfully used in Canada where new

evidence, subsequent facts, or developments have arisen after

certif‌ication. It will also highlight cert ain cases where courts,

instead of granting decertif‌icat ion, have adopted alternative

measures to addre ss the concerns raised by the defendants.