Can commonality be a factor in the preferability inquiry?
British Columbia, Canada
The following excerpt is from Riazi v. Vancouver School District No. 39, 2011 BCSC 407 (CanLII):
In Rumley v. British Columbia, 2001 SCC 69, [2001] 3 S.C.R. 184 at para. 33, McLachlin C.J.C. observes that while the CPA clearly contemplates that the predominance of common issues “over issues affecting only individual members” will be a factor in the preferability inquiry, “it makes equally clear that predominance should not be a factor at the commonality stage”. She concludes at para. 33 that “the question at the commonality stage is, at least under the British Columbia Class Proceedings Act, quite narrow”.
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