What interests and circumstances should a plaintiff consider when deciding whether to bring a class action?

British Columbia, Canada


The following excerpt is from The Owners, Strata Plan LMS 2940 v. Squamish Whistler Express and Freight, 2010 BCCA 74 (CanLII):

In describing what interests and circumstances should be considered, and what would amount to “serious, substantial, and compelling”, McLachlin J. identified some interests and circumstances that are more applicable to natural persons considering litigation, such as the cost and strain of litigation and other personal circumstances that make it unfeasible (at para. 85). However, at para. 86 she made the following statement, which in my view is highly relevant to the application of the test to this case: Whether a particular circumstance or interest has the practical effect of preventing the plaintiff from being able to commence the action must be assessed in each individual case. She later cited with approval a statement of Hope J.A. of the New South Wales Court of Appeal in Royal North Shore Hospital v. Henderson (1986), 7 N.S.W.L.R. 283 at 287, by stating: Recognizing that each case must be assessed on its own facts, he further observed at p. 287 that he saw “no reason to ... confine the circumstances which would justify the not bringing of an action to any particular class or category” (at para. 88).

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