What is the test for a single trial?

Nova Scotia, Canada


The following excerpt is from Elwin v. Nova Scotia Home for Coloured Children, 2013 NSSC 411 (CanLII):

Where the claim involves an institution and the defendant’s involvement, “a single trial would make it unnecessary to adduce more than once evidence of the history of the establishment and operation of the School and the involvement of each of the respondents”: Cloud, supra, at para. 86. The plaintiffs also submit that one factor supporting a class proceeding as a preferable procedure is where “[m]any of the class members are elderly and unlikely to survive protracted litigation and inevitable appeals on an individual basis”: Anderson v. Canada (Attorney General), 2010 NLTD(G) 106, at para. 121, affirmed at 2011 NLCA 82. They also take the position that victims of sexual abuse are particularly vulnerable.

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