Law360 Canada ( July 21, 2016, 8:00 PM EDT) -- Appeal by the defendant, CIBC Mortgages, from an order certifying the action by the plaintiff, Sherry, as a class proceeding. The plaintiff took issue with contractual terms governing the prepayment of mortgage loans advanced by the defendant to borrowers from 2005 onward, particularly the imposition and calculation of prepayment charges, and the discretion accorded to the defendant in that regard under the terms of its mortgage agreements. The plaintiff’s action sought to have the relevant terms of the disputed mortgage contracts declared void for uncertainty or unconscionable at law or equity under the Business Practices and Consumer Protection Act. The action also sought an accounting and general, punitive and exemplary damages for breach of contract and/or breach of fiduciary duty due to alleged miscalculations of prepayment charges based on the interest rate differential arising from prepayment. On the motion for certification, the chambers judge found it was not plain and obvious the plaintiff’s arguments had no chance of success and concluded the pleadings disclosed a viable cause of action. The chambers judge accepted the defendant’s argument the proposed class was overbroad. The remaining criteria for certification were met. Certification was granted on the condition the class was properly narrowed and defined. A supplemental decision accepted the plaintiff’s class definition of individuals who paid any prepayment penalty. The defendant appealed....