The defendants in a proposed class action appealed a motions judge's decision refusing to compel the proposed plaintiffs to answer questions about an alternative compensation scheme.
The Divisional Court held that 'procedure' in s. 5(1)(d) of the Class Proceedings Act includes alternative dispute resolution methods outside the court system.
However, the court dismissed the appeal, finding that whether an alternative method is preferable is an objective determination for the motions judge, and little is gained by asking the proposed plaintiffs for their opinion on the matter.
