What is the test for representing a class in a class action?

British Columbia, Canada


The following excerpt is from Ernewein, Bonneau v. General Motors of Canada, 2004 BCSC 1462 (CanLII):

As observed in Anderson v. Wilson, supra at p. 251: It is not necessary for the representative plaintiff to share every characteristic of every member of the class or even to be typical of the class. Although the representative plaintiffs are infected claimants [this being a hepatitis B case] there is at this stage no apparent conflict of interest between them and other members of the class and no error in the findings that they properly represent the proposed class. (See also Western Canadian Shopping Centres, supra at para. 41).

A plaintiff in such a proposed class action must be a worthwhile one who will fairly, adequately, and vigorously represent the members of the class. Such a plaintiff must evidence a plan and ability to advance the litigation and finally, must not be one whose interests may conflict with the class on matters of common issues (See Campbell v. Flexwatt, supra at para. 75).

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