What is the test for establishing common issues?
Ontario, Canada
The following excerpt is from Gould v. Western Coal Corporation, 2012 ONSC 5184 (CanLII):
There must be a basis in the evidence before the court to establish the existence of common issues. The plaintiff is required to establish "a sufficient evidential basis for the existence of the common issues", in the sense that there is some factual basis for the claims made by the plaintiff and to which the common issues relate: Dumoulin v. Ontario (2005), 19 C.P.C. (6th) 234, [2005] O.J. No. 3961 at para. 27 (S.C.J.).
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