What are the requirements for class certification in a settlement?
British Columbia, Canada
The following excerpt is from Wilson v Depuy International Ltd., 2018 BCSC 1192 (CanLII):
The requirements for class certification in a settlement context are the same as they are in a litigation context although they “need not be as rigorously applied”: Bellaire v. Daya, [2007] O.J. No. 4819 at para. 16 (S.C.). In particular, a proposed settlement agreement may assist the plaintiffs in establishing the preferability of the proposed procedure and it helps establish the existence of a reasonable going-forward plan, as required by ss. 4(1)(d) and (e) of the CPA.
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