What is the test for establishing common issues?

Ontario, Canada


The following excerpt is from Gould v. Western Coal Corporation, 2012 ONSC 5184 (CanLII):

There must be a basis in the evidence before the court to establish the existence of common issues. The plaintiff is required to establish "a sufficient evidential basis for the existence of the common issues", in the sense that there is some factual basis for the claims made by the plaintiff and to which the common issues relate: Dumoulin v. Ontario (2005), 19 C.P.C. (6th) 234, [2005] O.J. No. 3961 at para. 27 (S.C.J.).

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)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
What are the implications of common issues that remain after common issues have been resolved? (Ontario, Canada)
What is the test for using the term issue "issue" in the context of the issue? (Ontario, Canada)
Does common issue # 6 need to be answered on a common basis? (Ontario, Canada)
When will a common law heir of a deceased testator's estate in Canada be entitled to inherit common law land in Canada? (Ontario, Canada)
What is the test for whether a class proceeding is preferable procedure for resolving common issues? (Ontario, Canada)
Does a common law spouse have a duty to perform unpaid work for her common law partner? (Ontario, Canada)
What constitutes constructive dismissal in common law Canadian common law? (Ontario, Canada)
What is the common law common law authorizes a search incident to a lawful arrest? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.