What is the test for certification under the Class Proceedings Act?

New Brunswick, Canada


The following excerpt is from Gay v Regional Health Authority 7, 2012 NBQB 88 (CanLII):

In Hollick v. Toronto (supra) McLachlin C.J.C. made it clear that the Class Proceedings Act should be construed generously to realize the benefits of the legislation namely serving judicial economy, enhancing access to justice and encouraging behaviour modification by those who cause harm. Madam Chief Justice also emphasized that the certification stage is not meant to be a test of the merits of the action but is merely an inquiry as to whether the proceeding is suitable for prosecution as a class action. CERTIFICATION REQUIREMENTS

Other Questions


What is the burden of proof and standard of proof in a certification application? (New Brunswick, Canada)
What is the legal test for disclosing privileged information to a former client in a disqualification proceeding? (New Brunswick, Canada)
What is the basis for opposition by the husband to the requested bifurcation of this proceeding? (New Brunswick, Canada)
Can an adverse finding be made against an entity not a party to a proceeding? (New Brunswick, Canada)
Does a judge have the power to stay a criminal proceeding if the prosecution is oppressive? (New Brunswick, Canada)
What is the test for representing a plaintiff in a class action? (New Brunswick, Canada)
What is the obligation of a body with the power to refuse to proceed to a decision until it has afforded to any person affected by such a decision? (New Brunswick, Canada)
Is a father entitled to credit for his son's dance classes and costumes since the date of the consent order? (New Brunswick, Canada)
What is the difference between a voluntary recognition agreement and a certification order? (New Brunswick, Canada)
What is the effect of a Certificate of Pending Litigation? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.