Pawar v. Canada
T-1407-96
Reed J.
10/9/97
6 pp.
Motion by defendant to appeal prothonotary's decision certifying plaintiffs as class, appointing Mr. Pawar as representative plaintiff-Motion by plaintiff to appeal prothonotary's decision striking plaintiff's claim for damages from statement of claim-Prothonotary neither mischaracterizing facts nor misapplying appropriate law-Appropriate to allow litigation to be pursued by way of class action-Mr. Pawar played key role in initiating litigation, publicizing issue being litigated, gathering support for litigation-No conflict between his position, that of other members of class-Mr. Pawar appropriate representative plaintiff-No allegation in statement of claim of elements necessary to found claim for damages, namely wrongful conduct, bad faith, negligence, collateral purpose-Mere refusals by Crown servants charged with enforcing clear legislative provision to persistent claimant not improper conduct-No error of fact or law on part of prothonotary-Motions dismissed.