What is the standard for determining common issues in a sexual assault trial?
British Columbia, Canada
The following excerpt is from Escobar v Ocean Pacific Ltd., 2021 BCSC 2414 (CanLII):
I have made this determination at this stage based on the “some basis in fact” standard. If the evidence evolves to not provide the commonality platform I perceive at this time, and it becomes necessary to await the resolution of the individual issues before completing the consideration of this issue, that need can be accommodated by bifurcating the common issues trial as ordered in Sherry and Chalmers v. AMO Canada, 2010 BCCA 560.
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