What is the legal test for preferability of a class action?
Ontario, Canada
The following excerpt is from Smith v. National Money Mart Company, 2007 CanLII 186 (ON SC):
[T]he preferability requirement has two concepts at its core. The first is whether or not the class action would be a fair, efficient and manageable method of advancing the claim. The second is whether the class action would be preferable to other reasonably available means of resolving the claims of class members. Cloud v. Canada (Attorney General) at para. 73.
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