What is the test for determining that standard of care for a plaintiff in a class action?
Ontario, Canada
The following excerpt is from Healey v. Lakeridge Health Corporation, 2006 CanLII 36247 (ON SC):
The Chief Justice then referred to a number of decisions, including Anderson v. Wilson and continued: That the standard of care may have varied over the relevant time period simply means that the court may find it necessary to provide a nuanced answer to the common question.... In my view the Class Proceedings Act [of British Columbia] provides the court with ample flexibility to deal with limited differentiation amongst the class members as and if such differentiation becomes evident. (para 32)
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