What is the test for determining whether a cause of action exists for the purposes of certification?
Ontario, Canada
The following excerpt is from McGee v. London Life Insurance Company Limited, 2008 CanLII 20985 (ON SC):
The test for determining whether a cause of action exists for the purposes of certification is the “plain and obvious” test, which is the same test that is used under Rule 21.01(1)(b) to determine whether a pleading discloses a cause of action. Its most well-known articulation is found in Hunt v. Carey, 1990 CanLII 90 (SCC), [1990] 2 S.C.R. 959.
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