Is a class representative required to show some basis in fact for each of the certification requirements?
British Columbia, Canada
The following excerpt is from Miller v. Merck Frosst Canada Ltd., 2011 BCSC 1759 (CanLII):
Whether the class representative must show some basis in fact for each of the certification requirements is addressed by determining whether additional information is required for the certification hearing bearing in mind that the concern at this stage is limited to procedure, not the merits of the claim (Jones v. Zimmer, 2010 BCSC 1504, para. 22).
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