What is the CPA’s position on class actions?
Alberta, Canada
The following excerpt is from Elder Advocates of Alberta Society v. Alberta, 2008 ABQB 490 (CanLII):
As stated in Ayrton v. PRL Financial (Alta.) Ltd., 2006 ABCA 88 at para. 14, 384 A.R. 1, the CPA “supports a purposive approach and provides for extensive flexibility in terms of procedures available to certification judges to deal with class actions as they unfold.”
The certification stage is not meant as a test of the merits of the action. The issue is not whether the claim is likely to succeed, but whether it is appropriately prosecuted as a class action: Hollick v. Toronto (City), 2001 SCC 68 at para. 16, [2001] 3 S.C.R. 158.
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