At a case conference in a proposed class action regarding denied trip cancellation benefits due to COVID-19, the court determined the sequencing of a proposed Rule 21 motion by the defendant bank and the plaintiff's certification motion.
The court held that hearing the Rule 21 motion prior to certification would not substantially narrow the issues, as the substantive claims against the co-defendant insurer would remain identical.
Exercising its discretion under section 12 of the Class Proceedings Act, the court ordered the Rule 21 motion to be heard at the same time as the certification motion.
