What is the test for determining common issues in a class action?
Ontario, Canada
The following excerpt is from Osmun v. Cadbury Adams Canada Inc., 2009 CanLII 72092 (ON SC):
As stated in Western Canadian Shopping Centres Inc., above, at para 39, the fundamental issue is whether the determination of the common issues will avoid duplicative fact-finding or legal analysis. In order to avoid this duplication, the court must ensure that the common issues are necessary to the resolution of each class member’s claim. However, the common issues need not be determinative of each class member’s claim and each class member need not share the same interest in the resolution of the common issues. The common issues criterion is not a high bar: the plaintiff must merely establish some basis in fact to believe that these issues are common: Hollick v. Toronto (City), above, at paras. 18-25.
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