What is the test for certification of a national class action?
Northwest Territories, Canada
The following excerpt is from Anderson v Bell Mobility Inc., 2010 NWTSC 65 (CanLII):
The Plaintiffs rely upon a number of recent Ontario precedents that permit certification of a national class action based upon the principle that the existence of common issues shared by both the residents and non-residents provides a “real and substantial connection” to the forum where the certification is sought: See Silver v. Imax Corp., [2009] O.J. No. 5585 (S.C.) at para. 123.
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