What common issues must be met in a class action?
Ontario, Canada
The following excerpt is from Silver v. Imax Corporation, 2009 CanLII 72334 (ON SC):
The common issues question should be approached purposively. There is no formulaic approach that determines this requirement. The underlying question is whether, if the action continues as a class proceeding, will “duplication of fact-finding or legal analysis” be avoided? (Western Canadian Shopping Centres at para. 39). If necessary, the list of common issues can be further refined as the litigation moves forward (Robertson v. Thomson Corp., at p. 173).
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