Metaphorically speaking, if the Plaintiffs proposed class action were likened to a baseball game, in their Amended Statement of Claim, they throw different types of legal pitches, and they throw many pitches. On this motion [for certification, and cross-motion to strike statement of claim], the court is the umpire calling the balls and strikes. It is a called ball when it is plain and obvious that the legal pitch is outside the legal strike zone and a called strike where the Plaintiffs have pleaded a reasonable cause of action. On the motion, the umpire-court must have a generous and wide strike zone.
Spina v. Shoppers Drug Mart Inc.
2012 CarswellOnt 12295
Ontario Superior Court of Justice