Does a chambers judge have authority to determine whether a class proceeding has met the criteria for certification?
British Columbia, Canada
The following excerpt is from Kwicksutaineuk/Ah-Kwa-Mish First Nation v. Canada (Attorney General), 2012 BCCA 193 (CanLII):
A chambers judge has broad discretion in determining whether a class proceeding has met the criteria for certification and an appellate court should not interfere unless the chambers judge has erred in law or is clearly wrong: Hoy v. Medtronic, Inc., 2003 BCCA 316 at para. 38, 14 B.C.L.R. (4th) 32.
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