In what circumstances will an application to certify an action as a class proceeding be granted?
British Columbia, Canada
The following excerpt is from McMurray v. Marshall et al, 2005 BCSC 961 (CanLII):
In Kimpton v. Canada (Attorney General) et al. 2002 BCSC 1645, Mr. Justice Macaulay considered an application to certify an action as a class proceeding in which the plaintiff claimed against Her Majesty The Queen in Right of the Province of British Columbia in negligence for establishing and implementing an unsuitable building code for use in British Columbia. The application to certify the proceeding as a class proceeding failed because the plaintiff failed to demonstrate that those allegations were a cause of action.
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