In Carcillo v. Ontario Major Junior Hockey League (Ont CA, 2023) the Court of Appeal considered the 'ordered notice' provisions of Class Proceedings Act, 1992, s.7(2), applied here when a certification motion was denied:
[3] On February 3, 2023, the motion judge released his decision in which he refused certification of the class action (“certification order”).[1] He also dismissed the action against certain defendants (“dismissal order”). Towards the conclusion of his reasons, commencing at para. 441, the motion judge, apparently of his own initiative, considered whether he should permit the proceeding to continue as one or more proceedings between different parties pursuant to s.7(2) of the CPA. He decided that he should.
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