Plaunt v. Renfrew Power Generation Inc., 2017 ONSC 1868
| Jurisdiction | Ontario |
| Judge | Smith |
| Date | 23 March 2017 |
| Court | Superior Court of Justice of Ontario (Canada) |
| Docket Number | 08-CV-42639CP |
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2 practice notes
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When Common Issues Ain't So Common: Decertification Of Class Actions
...was something he could do about it: decertify. While Smith J. didn't actually quote Twain in Plaunt v. Renfrew Power Generation Inc., 2017 ONSC 1868, he did conclude that new evidence, obtained post-certification, demonstrated that the claims for trespass were dominated by individual issues......
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The Often Forgotten Tool: The Decertification Motion
...of these questions are yes, then the decertification motion may be an appropriate tool to use to defend the class proceeding. Footnotes 1 2017 ONSC 1868. 2 2009 CarswellOnt 3 [2001] 2 S.C.R. 983 (S.C.C.) 4 Ibid at para. 63 relying on Lord Denning's comments in Ladd v. Marshall, [1954] 1 W.L......
2 firm's commentaries
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When Common Issues Ain't So Common: Decertification Of Class Actions
...was something he could do about it: decertify. While Smith J. didn't actually quote Twain in Plaunt v. Renfrew Power Generation Inc., 2017 ONSC 1868, he did conclude that new evidence, obtained post-certification, demonstrated that the claims for trespass were dominated by individual issues......
-
The Often Forgotten Tool: The Decertification Motion
...of these questions are yes, then the decertification motion may be an appropriate tool to use to defend the class proceeding. Footnotes 1 2017 ONSC 1868. 2 2009 CarswellOnt 3 [2001] 2 S.C.R. 983 (S.C.C.) 4 Ibid at para. 63 relying on Lord Denning's comments in Ladd v. Marshall, [1954] 1 W.L......