Is there an "air of reality" test to determine whether a class proceeding is efficient and fair?
British Columbia, Canada
The following excerpt is from Nelson v. Hoops L.P., 2003 BCSC 277 (CanLII):
In this regard, I agree with the observations of Bauman J. in Samos Investments v. Pattison, 2001 BCSC 1790, 22 B.L.R.(3d) 46, that a form of "air of reality test" ought to be applied in the analysis of whether a class proceeding is an efficient and fair procedure by which to try a claim. In the words of counsel in that case, quoted at paragraph 156 of the judgment: "Is there an air of reality to the plaintiff's claim of an identifiable class with common issues such that considerations of fairness, efficient and access to justice tip the balance in favour of certification?"
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