What is the test for representing a plaintiff in a class action?

New Brunswick, Canada


The following excerpt is from Gay v Regional Health Authority 7, 2012 NBQB 88 (CanLII):

The Plaintiff must propose a representative plaintiff who can fairly and adequately represent the class, does not have a conflict with other class members and who has developed a reasonable plan for litigating the action and provide notice. (see Wheadon v. Bayer Inc [2004] NL SCTD 72, para-150, 154 and 161).

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