What is the test for common issues in a class proceeding?
Ontario, Canada
The following excerpt is from Banerjee v. Shire Biochem Inc. et al., 2010 ONSC 889 (CanLII):
The existence of common issues is the essential element of a class proceeding. The purpose of the C.P.A. is to provide a means for the resolution of these common issues in a single forum: Bywater v. Toronto Transit Commission, above, at para. 12.
"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
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)
What is the test for common class members in a common class action? (Ontario, Canada)
What are the implications of common issues that remain after common issues have been resolved? (Ontario, Canada)
What is the test for whether a class proceeding is preferable procedure for resolving common issues? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
Does a finding of fact made on an interlocutory finding in a separate judicial proceeding engage in issue estoppel in a subsequent proceeding? (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)
Is issue estoppel applicable in a civil proceeding after adjudication of issues in an administrative hearing? (Ontario, Canada)
What is the test for common issue in a class action? (Ontario, Canada)
What is the criteria for certification of a class A class B class B claim? (Ontario, Canada)
