Does Bayer have to prove that individual issues predominate over any common issues?
British Columbia, Canada
The following excerpt is from Bouchanskaia v. Bayer Inc., 2003 BCSC 1306 (CanLII):
Bayer also argued that the individual issues predominate over any common issues. I will consider those arguments in respect of whether a class action is the preferable proceeding. Section 4(1)(c) specifically provides that the requirement is for common issues “whether or not those common issues predominate over issues affecting only individual members.” Predominance should not be a factor at the commonality stage of the analysis. See Rumley v. British Columbia, 2001 SCC 69 at ¶33.
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