The defendants in the Timminco securities class action requested particulars of the plaintiff, which he (like his predecessor plaintiff) resisted. Perell J granted the request in large measure but in his order required the defendants to deliver their statement of defence, in advance of certification: Pennyfeather v Timminco Ltd, 2011 ONSC 4257 [Link available here].
In the judge’s view, it is time to revisit the convention that the delivery of the defence comes after certification; as a matter of case management it would be preferable to have the pleadings closed before that. Doing so would have the advantage of resolving at an early stage any controversies about whether the five criteria for certification are, in fact, satisfied and of foreclosing subsequent challenges to the statement of claim. The statement of defence will threfore be directed to the pleadings of the class representative(s). The goal will be to show the uniqueness of the representative plaintiff’s claim.