May 26, 2016
CASE MANAGEMENT JUDGE IN A CLASS PROCEEDING
While the case management judge in a class proceeding unquestionably plays an important (and challenging) role in guiding the evolution of the proceeding, that role does not permit him to descend into the arena and make a suggestion at the conclusion of an otherwise dispositive summary judgment motion as to how a plaintiff might improve its position. 1250264 Ontario Inc. v. Pet Valu Canada Inc.(2016), 344 O.A.C. 222,  O.J. No. 186, 2016 CarswellOnt 254, 2016 ONCA 24 (Ont. C.A.) at para. 38 Hoy A.C.J.O. (Lauwers and McFarland JJ.A.))
© Copyright WestlawNext Canada, Thomson Reuters Canada Limited. All rights reserved.