What is the test for a representative class action?

British Columbia, Canada


The following excerpt is from Thorburn v. British Columbia (Public Safety and Solicitor General), 2013 BCCA 480 (CanLII):

Applying the test in Rumley v. British Columbia, 2001 SCC 69, [2001] 3 S.C.R. 184, the judge found that a class action would not be the preferable procedure because the common issues would be overwhelmed or subsumed by the individual issues and therefore the goals of fairness (to both the plaintiffs and the defendants), and efficiency (i.e., judicial economy) would not be achieved (para. 120). Rather, the effect of a predominance of individual questions of fact and law for each class member over the broadly-framed common issues, in her view, would simply render the class action merely “a prelude to many individual trials” (para. 121). (v) Proposed representative plaintiffs

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