The plaintiff submits that the claims raise common issues because no member of the Proposed Class can prevail without showing: (a) with respect to the claims of nuisance, that CP and CN caused the coal dusting and that such conduct was legally and socially unreasonable vis a vis their neighbours; (b) with respect to the claims of negligence, that CP and CN owed a duty of care, what was the standard of care, and whether CP and CN breached their duty of care; and (c) with respect to the claim under Rylands v. Fletcher, whether coal dust is inherently dangerous and/or a noxious thing, whether transporting coal by open coal cars is a non-natural use of land, and whether coal dust is likely to cause harm.
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