What is the test for certification under the Class Proceedings Act?
New Brunswick, Canada
The following excerpt is from Gay v Regional Health Authority 7, 2012 NBQB 88 (CanLII):
In Hollick v. Toronto (supra) McLachlin C.J.C. made it clear that the Class Proceedings Act should be construed generously to realize the benefits of the legislation namely serving judicial economy, enhancing access to justice and encouraging behaviour modification by those who cause harm. Madam Chief Justice also emphasized that the certification stage is not meant to be a test of the merits of the action but is merely an inquiry as to whether the proceeding is suitable for prosecution as a class action. CERTIFICATION REQUIREMENTS
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