Marcel Pinon v. City of Ottawa

(Ontario) (Civil) (By Leave)


Civil procedure - Class actions - Civil procedure — Class actions — Whether the test for certifying a proceeding as a class proceeding requires the proposed proceeding be preferable to all other means of seeking any recovery whatsoever for class members or preferable for determining claims and common issues — Whether other, different, and separate claims or common issues could have been but were not so advanced?.


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Mr. Pinon was a passenger on a bus operated by OC Transpo, the City of Ottawa’s transit agency. The bus collided with a bus station. The accident caused loss of life, injuries, and trauma to passengers on the bus and people at the station. Mr. Pinon commenced litigation seeking damages and applied to certify the proceeding as a class proceeding on behalf of other injured or traumatized individuals and family members with derivative claims. A motions judge denied certification. The Court of Appeal dismissed an application for leave to appeal.