Christine Londsdale

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.

The Discipline Committee of the Ontario College of Teachers found that the member engaged in professional misconduct.

The member did not attend the hearing.

The Committee ordered a reprimand, a three-month suspension of the member's Certificate of Qualification and Registration, and imposed conditions requiring the successful completion of courses on anger management and professional boundaries.

The member was also ordered to pay $10,000 in costs to the College.