Information sought only relevant to merits of claim, not to certification motion

Ontario civil | Civil Procedure

DISCOVERY

Information sought only relevant to merits of claim, not to certification motion

Motion by plaintiff for disclosure of information on motion for certification of proposed class under Class Proceedings Act, 1992 (Ont.). Plaintiff commenced action against city for various relief because on-street parking machines use by city allegedly malfunctioned during winter ice storms. Parking machines were owned by corporation owned by city. Plaintiff sought production of information from manufacturer and corporation. Motion dismissed. Information sought was not relevant to certification motion. Information sought was only relevant to merits of claim.

Arenson v. Toronto (City) (May 31, 2011, Ont. S.C.J., Perell J., File No. 08-CV-348329CP) 203 A.C.W.S. (3d) 16 (5 pp.).

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