What is the test for a motion to certify as a class representative?
Ontario, Canada
The following excerpt is from Allen v. Aspen Group Resources Corporation, 2009 CanLII 67668 (ON SC):
A certification motion does not embark on an assessment of the merits of the action. I am not required to determine whether the plaintiff’s claims are likely to succeed. The issue before me at this stage is simply whether the action can be appropriately prosecuted as a class action. The class representative is required to show “some basis in fact for each of the certification requirements set out in s. 5 of the Act”, other than the requirement that the pleadings disclose a cause of action: Hollick v. Toronto at para. 25.
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