The plaintiffs assert that Soprema should be applied to this action by analogy: here the representative plaintiffs are asserted to hold a commonality of interest. Determining commonality of interest requires an assessment of the pleadings: Stewart v. Stewart, 2017 BCSC 1728, [2017] B.C.J. No. 1943 at para. 33. In response to the defendants’ argument that some of the plaintiff bands also ally themselves with other aboriginal groupings, the plaintiffs counter that actions outside of this litigation are irrelevant to this pleadings analysis.
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