Is standing to bring a representative proceeding under R. 20-3 a legal test?
British Columbia, Canada
The following excerpt is from Hwlitsum First Nation v. Canada (Attorney General), 2018 BCCA 276 (CanLII):
The issue of whether the judge identified the correct legal test to determine standing to bring a representative proceeding under R. 20-3 is a question of law reviewable on a standard of correctness. The judge’s application of that test to the appellants’ claim is a question of mixed fact and law and is, absent an extricable error of law, reviewable on a standard of palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33 at paras. 26, 36.
Absent an error of law, an order under R. 20-3 is a discretionary order that is entitled to deference: Kish v. Sobchak Estate, 2016 BCCA 65 at para. 34.
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