CASE MANAGEMENT JUDGE IN A CLASS PROCEEDING

Ontario

While the case management judge in a class proceeding unquestionably plays an important (and challenging) role in guiding the evolution of the proceeding, that role does not permit him to descend into the arena and make a suggestion at the conclusion of an otherwise dispositive summary judgment motion as to how a plaintiff might improve its position. 1250264 Ontario Inc. v. Pet Valu Canada Inc.(2016), 344 O.A.C. 222, [2016] O.J. No. 186, 2016 CarswellOnt 254, 2016 ONCA 24 (Ont. C.A.) at para. 38 Hoy A.C.J.O. (Lauwers and McFarland JJ.A.))