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Class Proceeding - Third Party Proceedings. Carcillo v. Ontario Major Junior Hockey League
In Carcillo v. Ontario Major Junior Hockey League (Ont CA, 2025) the Ontario Court of Appeal dismissed a plaintiff appeal where class proceeding certification had been denied.
Here the court considers the effect of possible third party claims to class proceeding litigation:[63] My only reservation concerns the motion judge’s conclusion that potential third-party claims weighed against certification. Since he stated that this was not determinative of his decision, it does not affect the outcome. For clarity, however, third-party claims are generally irrelevant at certification unless, as in Davis v. Amazon Canada Fulfillment Services, ULC, 2025 ONCA 421, the third parties are necessary parties. Such claims do not arise unless the plaintiffs succeed at the common issues stage, and, following that stage, they can be addressed as individual issues: Baxter v. Canada, 2005 CanLII 18717 (Ont. S.C.), at para. 16; Lipson v. Cassels Brock & Blackwell LLP, 2011 ONSC 6724, 108 O.R. (3d) 681, at paras. 123–124, aff’d 2013 ONCA 165, 114 O.R. (3d) 481. In any event, third-party claims would arise in individual litigation as well, so they do not distinguish class actions as unmanageable.
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