The defendants in a proposed class action regarding NSF fees brought a motion under s. 4.1 of the amended Class Proceedings Act to have their summary judgment motion heard before the plaintiff's certification motion.
The court interpreted the new s. 4.1, finding it creates a presumption that pre-certification motions which may dispose of or narrow the proceeding should be heard first, unless there is a good reason to hear them together.
Finding that the defendants' summary judgment motion raised genuinely arguable issues and was not a delay tactic, the court granted the sequencing motion.
