What is the evidentiary test for applying Rule 23 of the Rules of Civil Procedure?
New Brunswick, Canada
The following excerpt is from Avery et al v Attorney General of Canada et al., 2004 NBQB 372 (CanLII):
LaForge v. Senechal did not deal specifically with the application of Rule 23 but rather Rule 22, hence these paragraphs were cited simply to illustrate the difference in the evidentiary requirement for the two rules.
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