What is the preferable procedure criterion for a class action?
Ontario, Canada
The following excerpt is from O’Brien v Bard Canada Inc., 2015 ONSC 2470 (CanLII):
This truth about the preferable procedure criterion is augmented by the further truth that with a few exceptions, plaintiffs’ counsel in the class action bar have shown no eagerness to develop alternatives to class actions as a means to litigate mass wrongs and rather as demonstrated by Schroeder v. DJO Canada, Inc., supra have tended to rely on class actions as the only means to pursue mass claims.
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