What is the test for hearing an application for pre-certification?
British Columbia, Canada
The following excerpt is from Aura Ventures Corp. v Vancouver (City), 2021 BCSC 1568 (CanLII):
The court should limit itself to a threshold inquiry in assessing the strength of the applicant’s arguments. If the applications do not meet a low threshold of strength, this factor weighs against hearing the application pre-certification. If they do meet the low threshold, then this factor is neutral. A court should not go so far as to determine if an application is “likely to succeed” because of “an obvious flaw in the claim”: paras. 81–82, citing with approval Shaver v. Mallinckrodt Canada ULC, 2021 BCSC 455 at paras. 23–25.
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