What factors are considered by the courts in determining whether to proceed in a class action?
Ontario, Canada
The following excerpt is from Smith v Sino-Forest Corporation, 2012 ONSC 24 (CanLII):
Courts generally consider seven non-exhaustive factors in determining which action should proceed: (1) the nature and scope of the causes of action advanced; (2) the theories advanced by counsel as being supportive of the claims advanced; (3) the state of each class action, including preparation; (4) the number, size and extent of involvement of the proposed representative plaintiffs; (5) the relative priority of the commencement of the class actions; (6) the resources and experience of counsel; and (7) the presence of any conflicts of interest: Sharma v. Timminco Ltd., supra at para. 17.
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