What is the test for common class members in a common class action?
Ontario, Canada
The following excerpt is from Lipson v. Cassels Brock & Blackwell LLP, 2011 ONSC 6724 (CanLII):
For an issue to be common, it is not essential that the class members be identically situated vis-à-vis the opposing party or benefit from the successful prosecution of the action to the same extent: Western Canadian Shopping Centres v. Dutton, supra, at paras. 39-40.
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