What is the test for defining a class?

Ontario, Canada


The following excerpt is from Sauer v. Canada (Agriculture), 2009 CanLII 2924 (ON SCDC):

In Gariepy v. Shell Oil Company (2002), 23 C.P.C. (5th) 360 at para. 47, Nordheimer J. emphasised the need for clarity in the definition of the class: ... a clearly defined class is also required in order that persons will know if they are members of the class so that they may, in turn, decide if they wish to have their rights determined within the class proceeding, or if they would prefer to opt out of the class proceeding and have their rights determined in another fashion, or not at all. It is extremely important, therefore, that the class definition be one where any person can tell, with a minimum of effort, whether he or she is a member of the proposed class. [emphasis added]

Other Questions


What is the definition of a class and what is the criteria for defining a class? (British Columbia, Canada)
What is the criteria for certification of a class A class B class B claim? (Ontario, Canada)
What is the test for certification of a proposed class action pursuant to s. 5 of the Class Proceedings Act, 1992? (Ontario, Canada)
What is the test for common class members in a common class action? (Ontario, Canada)
What is the test for identifying an identifiable class for purposes of calculating class size? (British Columbia, Canada)
Is there an identifiable class or preferability of a class proceeding? (British Columbia, Canada)
If a waiver is ineffective against any of the class members, does this have any effect against the class? (British Columbia, Canada)
Is a class member entitled to an opt-out from a settlement offer made directly to the class member? (British Columbia, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
How have the courts found that a person who is not a party to a class A notice of claim is entitled to class B? (British Columbia, Canada)