What common issues are common in a class action?
British Columbia, Canada
The following excerpt is from Tracy v. Instaloans Financial Solutions Centres (B.C.) Ltd. et al, 2006 BCSC 1018 (CanLII):
To be considered common, issues need not be dispositive of the litigation. As noted in McDougall v. Collinson, 2000 BCSC 398 at ¶ 86: A resolution of the common issues does not have to be determinative of liability or supportive of the relief sought. It need not produce the same result for all members of the class. It must, however, advance the litigation forward. If it does not, then certification is inappropriate Will the resolution of the common issues proposed by the plaintiff advance the litigation forward?
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