What is the test for certification of common issues?
British Columbia, Canada
The following excerpt is from Clark v. Energy Brands Inc., 2014 BCSC 1891 (CanLII):
The plaintiff’s proposed central common issue is stated in the broadest of terms. An action dependent upon overly general common issues will inevitably break down into individual proceedings such that the initial certification of common issues would only serve to undermine the policy rationales of fairness and efficiency: Rumley v. British Columbia, 2001 SCC 69, [2001] 3 S.C.R. 184, at para. 29.
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