5 (1) The court shall, subject to subsection (6) and to section 5.1, certify a class proceeding on a motion under section 2, 3 or 4 if, (a)  the pleadings or the notice of application discloses a cause of action; (b)  there is an identifiable class of two or more persons that would be represented by the representative plaintiff or defendant; (c)  the claims or defences of the class members raise common issues; (d)  a class proceeding would be the preferable procedure for the resolution of the common issues; and (e)  there is a representative plaintiff or defendant who, (i)  would fairly and adequately represent the interests of the class, (ii)  has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the class and of notifying class members of the proceeding, and (iii)  does not have, on the common issues for the class, an interest in conflict with the interests of other class members.  1992, c. 6, s. 5 (1); 2020, c. 11, Sched. 4, s. 7 (1). Same (1.1) In the case of a motion under section 2, a class proceeding is the preferable procedure for the resolution of common issues under clause (1) (d) only if, at a minimum, (a)  it is superior to all reasonably available means of determining the entitlement of the class members to relief or addressing the impugned conduct of the defendant, including, as applicable, a quasi-judicial or administrative proceeding, the case management of individual claims in a civil proceeding, or any remedial scheme or program outside of a proceeding; and (b)  the questions of fact or law common to the class members predominate over any questions affecting only individual class members. 2020, c. 11, Sched. 4, s. 7 (2). Idem, subclass protection (2) Despite subsection (1), where a class includes a subclass whose members have claims or defences that raise common issues not shared by all the class members, so that, in the opinion of the court, the protection of the interests of the subclass members requires that they be separately represented, the court shall not certify the class proceeding unless there is a representative plaintiff or defendant who, (a)  would fairly and adequately represent the interests of the subclass; (b)  has produced a plan for the proceeding that sets out a workable method of advancing the proceeding on behalf of the subclass and of notifying subclass members of the proceeding; and (c)  does not have, on the common issues for the subclass, an interest in conflict with the interests of other subclass members.  1992, c. 6, s. 5 (2); 2020, c. 11, Sched. 4, s. 7 (3). Evidence as to size of class (3) Each party to a motion for certification shall, in an affidavit filed for use on the motion, provide the party’s best information on the number of members in the class.  1992, c. 6, s. 5 (3). Adjournments (4) The court may adjourn the motion for certification to permit the parties to amend their materials or pleadings or to permit further evidence.  1992, c. 6, s. 5 (4). Certification not a ruling on merits (5) An order certifying a class proceeding is not a determination of the merits of the proceeding.  1992, c. 6, s. 5 (5); 2020, c. 11, Sched. 4, s. 7 (4). Existence of other class proceeding (6) If a class proceeding or proposed class proceeding, including a multi-jurisdictional class proceeding or proposed multi-jurisdictional class proceeding, has been commenced in a Canadian jurisdiction other than Ontario involving the same or similar subject matter and some or all of the same class members as in a proceeding under this Act, the court shall determine whether it would be preferable for some or all of the claims of some or all of the class members, or some or all of the common issues raised by those claims, to be resolved in the proceeding commenced in the other jurisdiction instead of in the proceeding under this Act. 2020, c. 11, Sched. 4, s. 7 (2). Same, considerations (7) In making a determination under subsection (6), the court shall, (a)  be guided by the following objectives: (i)  ensuring that the interests of all parties in each of the applicable jurisdictions are given due consideration, (ii)  ensuring that the ends of justice are served, (iii)  avoiding irreconcilable judgments where possible, (iv)  promoting judicial economy; and (b)  consider all relevant factors, including, (i)  the alleged basis of liability in each of the proceedings, and any differences in the laws of each applicable jurisdiction respecting such liability and any available relief, (ii)  the stage each proceeding has reached, (iii)  the plan required to be produced for the purposes of each proceeding, including the viability of the plan and the available capacity and resources for advancing the proceeding on behalf of the class, (iv)  the location of class members and representative plaintiffs in each proceeding, including the ability of a representative plaintiff to participate in a proceeding and to represent the interests of class members, (v)  the location of evidence and witnesses, and (vi)  the ease of enforceability in each applicable jurisdiction. 2020, c. 11, Sched. 4, s. 7 (2). Motion for determination under subs. (6) (8) The court, on the motion of a party or class member made before the hearing of the motion for certification, may make a determination under subsection (6) with respect to a proceeding under this Act, and, in doing so, may make any orders it considers appropriate respecting the proceeding, including, (a)  staying the proceeding; and (b)  imposing such terms on the parties as the court considers appropriate. 2020, c. 11, Sched. 4, s. 7 (2). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 7 (1-4) - 01/10/2020