What is the test for preferability of a class action?
British Columbia, Canada
The following excerpt is from Godfrey v. Sony Corporation, 2016 BCSC 844 (CanLII):
The test for preferability is twofold: first, a court must assess whether the class action would be a fair, efficient and manageable method of advancing the claim; second, the court must determine whether the class action would be preferable to other reasonably available means of resolving the claims of class members: Hollick at paras. 27–28; Knight v. Imperial Tobacco Canada Limited, 2006 BCCA 235 at para. 24.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a class action proceeding preferable to an individual action proceeding? (British Columbia, Canada)
What factors are considered when assessing the preferability of a class action? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
What is the test for establishing that there was an identifiable class in the context of class action? (British Columbia, Canada)
What causes of action have been struck out of a class action for breach of section 61 of the Competition Act? (British Columbia, Canada)
Is a class action settlement conditional on the payment of class counsel’s fees? (British Columbia, Canada)
What is the test for representing a class in a class action? (British Columbia, Canada)
What is the test for a class action under the Class Proceedings Act? (British Columbia, Canada)
Is there an identifiable class or preferability of a class proceeding? (British Columbia, Canada)
What is the test for approval of a settlement in a class action action? (British Columbia, Canada)
