What is the test for certifying an action as a class proceeding?

British Columbia, Canada


The following excerpt is from Jiang v. Vancouver City Savings Credit Union, 2019 BCCA 149 (CanLII):

Pursuant to s. 4(1) of the CPA, there are five separate requirements that must be met before an action will be certified as a class proceeding. Whether the pleadings disclose a cause of action is reviewed by applying the rule that a pleading should not be struck unless it is plain and obvious that no claim exists. The remaining four certification requirements are reviewed by considering whether there is “some basis in fact” for each of the requirements: Hollick v. Toronto (City), 2001 SCC 68 at para. 25. If the plaintiff discharges this burden, the action must be certified.

Other Questions


Is a class action proceeding preferable to an individual action proceeding? (British Columbia, Canada)
What is the test for a class action under the Class Proceedings Act? (British Columbia, Canada)
In what circumstances will an application to certify an action as a class proceeding be granted? (British Columbia, Canada)
Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually? (British Columbia, Canada)
What is the test for representing a class in a class action? (British Columbia, Canada)
What is the test for establishing that there was an identifiable class in the context of class action? (British Columbia, Canada)
What causes of action have been struck out of a class action for breach of section 61 of the Competition Act? (British Columbia, Canada)
What is the test for adding plaintiffs to a proposed class action where the named and proposed representative plaintiff has no legitimate cause of action? (British Columbia, Canada)
Is there an identifiable class or preferability of a class proceeding? (British Columbia, Canada)
Is a proposed class proceeding a different species than just a any old action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.