What is the test for meeting the five certification requirements in a personal injury case?
British Columbia, Canada
The following excerpt is from Krishnan v Jamieson Laboratories Inc., 2021 BCSC 1396 (CanLII):
The plaintiff bears the onus of satisfying each of these five certification requirements. The plaintiff must show “some basis in fact” for each of the certification requirements, other than the cause of action requirement in s. 4(1)(a), which is decided based on the pleadings alone: Hollick v. Metropolitan Toronto (Municipality), 2001 SCC 68 at para. 25.
The court has an important gate-keeping role requiring it to screen proposed claims to ensure they are suitable for class action treatment. In Thorburn v. British Columbia, 2012 BCSC 1585, appeal dismissed 2013 BCCA 480, the court stated:
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