Background:

• Adam Crotty and Shawn Coleman sought to certify a class action against Aviva General Insurance Company and Aviva Canada Inc., claiming damages related to the handling of insurance benefits following motor vehicle accidents.

Key Legal Issues:

• Whether the application for class certification met the statutory criteria under the Class Actions Act.

Court’s Analysis and Decision:

• The court dismissed the application for class certification, finding that the plaintiffs failed to meet the necessary criteria.
• The court held that the plaintiffs did not demonstrate a reasonable cause of action, common issues among the class members, or that a class action would be the preferable procedure for resolving the disputes.
• The plaintiffs' claims were found to be speculative, with no substantial factual basis, particularly concerning the alleged requirement for regulatory approval for changes in the reimbursement policy and the impact of these changes on insurance premiums.

Outcome:

• The application for class certification was dismissed, with no order as to costs. The court emphasized the need for clear, factual pleadings in class action certification applications and found the plaintiffs' claims insufficiently grounded in fact to proceed as a class action??.