What are the two questions that must be asked in the context of a class action?
Ontario, Canada
The following excerpt is from Fantl v. Transamerica Life Canada, 2015 ONSC 1367 (CanLII):
The second question that must be asked is “What is the potential of the Class Proceedings to Address Those Barriers?” With economic barriers, “[a] class action may allow members to overcome [those] barriers ‘by distributing the fixed litigation costs amongst a large number of class members…[and thus] making economical the prosecution of claims that any one class member would find too costly to prosecute on his or her own’” (AIC v. Fischer, at para. 29).
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