What is the test for determining whether a plaintiff has been successful in a class action?
British Columbia, Canada
The following excerpt is from Lam v. University of British Columbia, 2014 BCSC 673 (CanLII):
I need not describe the background facts or the history of the proceedings in any detail as these are set out in a number of reported decisions. In Lam v. University of British Columbia, 2010 BCCA 325, the court certified the action as a class proceeding. The common issues certified included three negligence issues and two contract issues. The contract issues were threshold issues which were ordered to be considered in advance of the negligence issues. Following a summary trial application with an agreed, modified contract issue, I issued my decision in Lam v. University of British Columbia, 2013 BCSC 2094, which determined the contract issues in favour of the representative plaintiff.
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