What factors are considered when assessing the preferability of a class action?

British Columbia, Canada


The following excerpt is from Chalmers v. AMO Canada Company, 2009 BCSC 689 (CanLII):

In Bouchanskaia v. Bayer Inc., 2003 BCSC 1306 at para. 150, Gray J. set out a list of considerations which inform the preferability analysis: (a) Whatever limitation period is found to be applicable to the claim is tolled for the entire class (s. 39); (b) A formal notice program is created which will alert all interested persons to the status of the litigation (s. 19); (c) The class is able to attract counsel through the aggregation of potential damages and the availability of contingency fee arrangements (s. 38); (d) A class proceeding prevents the defendant from creating procedural obstacles and hurdles that individual litigants may not have the resources to clear; (e) Class members are given the ability to apply to participate in the litigation if desired (s. 15); (g) The action is case managed by a single judge (s. 14); (h) The court is given a number of powers designed to protect the interests of absent class members (s. 12); (i) Class members are protected from any adverse cost award in relation to the common issues stage of the proceeding (s. 37); (j) In terms of the resolution of any remaining individual issues, a class proceeding directs and allows the court to create simplified structures and procedures (s. 27); (k) Through the operation of statute, any order or settlement will accrue to the benefit of the entire class, without the necessity of resorting to principles of estoppel (ss. 26 & 35).

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