Can a multi-defendant class action be certified if there is no cause of action against each defendant?
Saskatchewan, Canada
The following excerpt is from Red Seal Vacations Inc v Alves, 2011 SKCA 117 (CanLII):
No aspect of s. 6(1) categorically forecloses the possibility of a multi-defendant class action being certified if there is not a party plaintiff with a cause of action against each defendant. Indeed, in Ragoonanan Estate v. Imperial Tobacco Canada Ltd. itself, Cumming J., without being definitive, acknowledged the flexibility of the certification process on this point when he wrote as follows:
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