Workman Optometry Professional Corporation v. Certas Home and Auto Insurance Company, 2022 ONSC 597

This was a successful defence of a motion brought by the insurer defendants in a business interruption coverage class action. The defendant insurance companies sought an order staying the individual actions and requiring them to be bound by the determination of the common issues in the class proceeding. Justice McEwan agreed that the individual actions should not be stayed as doing so would inappropriately undermine the plaintiff’s right to opt out of the class proceeding.