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Keeping Class Definition On The Radar Screen: Mawhood V. Aeroports De Montreal And The Pragmatic Approach To Class Definition.

Publication: Mondaq Business Briefing
Publication Date: 25-MAR-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
When an indeterminate class is proposed for certification, does the motions judge have to redefine that class for the representative? In Mawhood v. Aeroports de Montreal, the Quebec Court of Appeal found that no such obligation exists. It is the petitioner's responsibility to identify an ascertainable group of plaintiffs according to the relevant facts. Although a judge may choose to limit the scope of a class, this is a discretionary...

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