In a proposed class proceeding regarding the use of the Custody Rating Scale by the Correctional Service of Canada, the Defendant Attorney General of Canada moved to extend the time to file its Statement of Defence until after the disposition of the certification motion.
The Federal Court granted the motion, finding that preparing the defence before certification would require substantial resources that might be duplicated or wasted if the claims were later reformulated or not certified, and that the plaintiffs would suffer no prejudice.