What is the test for an identifiable class?

British Columbia, Canada


The following excerpt is from 0790482 B.C. Ltd. v KBK No. 11 Ventures Ltd., 2022 BCSC 226 (CanLII):

I agree with the plaintiff’s written submission (excerpted below from para. 38) that the principles governing this requirement are set out in Jiang v. Peoples Trust Company, 2017 BCCA 119 at para. 82 [Jiang No. 1]: (a) the purposes of the identifiable class requirement are to determine who is entitled to notice, who is entitled to relief, and who is bound by the final judgment; (b) the class must be defined with reference to objective criteria that do not depend on the merits of the claim; (c) the class definition must bear a rational relationship to the common issues — it should not be unnecessarily broad, but nor should it arbitrarily exclude potential class members; and (d) the evidence adduced by the plaintiff must be such that it establishes some basis in fact that at least two persons could self-identify as class members and could later prove they are members of the class. [Emphasis in original]

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