What is the test for establishing that there was an identifiable class in the context of class action?
British Columbia, Canada
The following excerpt is from Service v. University of Victoria, 2019 BCCA 474 (CanLII):
The judge’s finding that there was an identifiable class is not challenged on appeal. It is therefore not necessary to set out in detail the relevant legal principles. However, I note that this criterion is closely linked to the common issues requirement as there must be a rational relationship between the two: Hollick v. Toronto (City), 2001 SCC 68 at para. 20.
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