Does the requirement that the Class Members raise common issues become entwined with the requirement of 5(1)(d) that a class proceeding would be a preferable procedure for resolution of the common issues?

The issue of the requirement that the claims or defence of the Class Members raise common issues becomes entwined with the requirement of 5(1)(d) that a class proceeding would be a preferable procedure for the resolution of the common issues. In Pearson v. Inco Ltd, supra,. at page 264 Justice Nordheimer dealt with a proposed class action involving contamination caused by Inco arising out of its operation of a refinery located in the Port Colbourne area. The refining included nickel, copper and cobalt and other precious metals. The allegation was that this operation emitted dangerous substances into the natural environment of Port Colbourne.