What is the preferable procedure criterion for a class action?

Ontario, Canada


The following excerpt is from O’Brien v Bard Canada Inc., 2015 ONSC 2470 (CanLII):

This truth about the preferable procedure criterion is augmented by the further truth that with a few exceptions, plaintiffs’ counsel in the class action bar have shown no eagerness to develop alternatives to class actions as a means to litigate mass wrongs and rather as demonstrated by Schroeder v. DJO Canada, Inc., supra have tended to rely on class actions as the only means to pursue mass claims.

Other Questions


Does the requirement that the Class Members raise common issues become entwined with the requirement of 5(1)(d) that a class proceeding would be a preferable procedure for resolution of the common issues? (Ontario, Canada)
Is there any case law that supports the argument that a class action is preferable? (Ontario, Canada)
Is arbitration the preferred procedure to resolve a proposed class action? (Ontario, Canada)
What is the test for whether a class proceeding is preferable procedure for resolving common issues? (Ontario, Canada)
What is the preferable procedure analysis for two causes of action? (Ontario, Canada)
How have the Underwriters argued that the preferable procedure criterion is not satisfied in the immediate case? (Ontario, Canada)
What is the test for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992? (Ontario, Canada)
What is the test for common class members in a common class action? (Ontario, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)

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