What is the test for representing a representative in a class action?

Ontario, Canada


The following excerpt is from Goodridge v. Pfizer Canada Inc., 2010 ONSC 1095 (CanLII):

The representative plaintiff must be a member of the class asserting claims against the defendant, which is to say that the representative plaintiff must have a claim that is a genuine representation of the claims of the members of the class to be represented or that the representative plaintiff must be capable of asserting a claim on behalf of all of the class members as against the defendant: Drady v. Canada (Minister of Health), 2007 CanLII 27970 (ON SC), [2007] O.J. No. 2812, 159 A.C.W.S. (3d) 177 (S.C.J.), at paras. 36-45; Attis v. Canada (Minister of Health), [2003] O.J. No. 344, [2003] O.T.C. 49 (S.C.J.), at para. 40, affd [2003] O.J. No. 4708, 127 A.C.W.S. (3d) 450 (C.A.).

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