«Because
class proceeding legislation is procedural, and does not create substantive rights, a proposed class action must identify class members who individually have legal capacity to sue and assert a cause of action,» Garson wrote in her May 3 decision Kwicksutaineuk / Ah - Kwa - Mish First Nation v. Canada (Attorney General).
A similar
class action was permitted to
proceed in Condominium Plan No. 0020701 v. Investplan Properties Inc., 2006 ABQB 224 (CanLII), although the equivalent provision of the Alberta
legislation was raised by the judge but not argued by the parties.