What is the definition of a class action and what is the scope of the class?

The Defendant raises a valid point on this issue. At the end of the day the class action must be manageable at a practical level. The class should not be unduly broad: Hollick, supra, at para. 21; Bywater v. Toronto Transit Commission (1998), 27 C.P.C. (4th) 172, at para. 10. To attempt to cover every combination of care and statutory provision that has existed since 1909 is unworkable. It is also likely that any older claims will in practical terms be unsustainable at this point. In order to maintain the viability of the class action, the class should be limited to those class members who were in care under the 1966 Act or the 1984 Act, which covers the period after July 1, 1966. That will essentially cover the last 40 years, and should capture most of the viable claims.