Certification Motion Dismissed In Proposed Roadway Design Class Action In Ontario

In the recent decision of Klassen v. City of Hamilton (2022 ONSC 3660), the Ontario Superior Court dismissed the motion to certify a class action relating to the design and construction of the Red Hill Valley Parkway (RHVP).
What you need to know

The Plaintiffs purported to represent a class of individuals who experienced motor vehicle collisions on the RHVP since 2007.
The claim alleged that the City had been negligent in designing, engineering, constructing and maintaining the RHVP.
The claim also alleged that the City had failed to warn drivers sufficiently of allegedly unsafe conditions.

Court’s decision
Justice Edwards’ decision to dismiss the certification motion turned predominantly on a finding that a class proceeding was the not the preferable procedure to adjudicate the alleged claims. The preferability requirement, as stated by Justice Edwards, requires an assessment of whether a class proceeding is a fair and efficient way to advance a claim, having consider…

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