What is the test for establishing a class in an implied term?
British Columbia, Canada
The following excerpt is from Sherry v. CIBC Mortgage Inc., 2014 BCSC 1199 (CanLII):
However, I do not agree that this case is similar in the problems of the proposed class to that in Arabi v. Toronto-Dominion Bank, [2006] O.J. No. 2072 (S.C.J.) [Arabi]. The defendant relies on it as support for both its argument that there is no identifiable class and that an implied term is not a possible cause of action in a class proceeding.
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