Arthur Olsen

The plaintiff sought certification of a class proceeding against the defendant bank, alleging the improper charging of duplicative non-sufficient funds (NSF) fees on re-presented pre-authorized debit transactions.

The defendant consented to the certification.

The court, applying the five criteria under section 5(1) of the Class Proceedings Act, 1992, found that the pleadings disclosed a cause of action, there was an identifiable class, common issues were raised, a class proceeding was the preferable procedure, and the representative plaintiff was adequate.

Consequently, the action was certified as a class proceeding.

The plaintiff sought to certify a class proceeding against the defendant bank, alleging breach of contract and unjust enrichment due to the bank's practice of charging duplicative non-sufficient funds (NSF) fees on re-presented pre-authorized debits.

The motion for certification was brought with the defendant's consent.

The court applied the five-part test under section 5(1) of the Class Proceedings Act, 1992, finding that the pleadings disclosed a cause of action, there was an identifiable class, common issues were raised, a class proceeding was the preferable procedure, and the representative plaintiff was adequate.

The court granted the certification order.

The plaintiff, Robyn Ramanauskas, brought a consent motion to certify a class proceeding against the Bank of Montreal.

The action alleged that the bank charged duplicative non-sufficient funds (NSF) fees on re-presented pre-authorized debit transactions, constituting breach of contract and unjust enrichment.

The court found that all criteria under s. 5(1) of the Class Proceedings Act, 1992 were met, including disclosure of a cause of action, an identifiable class, common issues, preferable procedure, and an adequate representative plaintiff.

The motion for certification was granted.