Court Dismisses a Motion to Re-Certify a Class Action
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On July 6, 2021, the Ontario Superior Court of Justice dismissed a motion to re-certify a class action brought against Strada Crush Limited (Strada). LOLG was counsel to Strada. The action was decertified in 2020 after the representative plaintiff was disqualified by the Court as unsuitable. Class counsel sought to re-certify the action 13 months after the decertification decision with a new proposed representative plaintiff. The Court found that recertification would render the Court’s previous rulings meaningless, and accordingly “would work considerable unfairness to the Defendant” and “abuse the processes of the court.”
The Court stated: “The machinations on the Plaintiff’s side of this case have finally taken on an other-worldly quality. It is clear to me that under present conditions the case cannot be re-certified; it has become kryptonite in the class members’ and their counsel’s hands.”
The Court’s full decision can be found here: Azar v Strada Crush Limited, 2021 ONSC 4758