What is the test for common issues in a class action?
British Columbia, Canada
The following excerpt is from Bodnar v. The Cash Store Inc., 2005 BCSC 1228 (CanLII):
There is no requirement that each common issue must be relevant to each defendant. Rather, The essence of a class action is the commonality of the issues between the plaintiffs and one or more of the defendants. A resolution of the common issues does not have to be determinative of liability or supportive of the relief sought. It need not produce the same result for all members of the class. It must, however, advance the litigation forward. … [McDougall v. Collinson, [2000] B.C.J. No. 571, 2000 BCSC 398 at para. 86] Use of Cash Card
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