One obstacle to the emergence of mass torts, for example, lies in the fact that the threshold
for certification of class actions in Canada is considerably lower than it is in the U.S.
When that happens, the courts are required to grapple with not only the difficulties associated with indirect purchaser actions, but are also then asked to decide whether the requirements
for certification of a class action are met.
number of controversial decisions such as his recent order that a defendant must file a defence before
the certification of a class action.
Similarly, the Quebec Court of Appeal dismissed an application for
the certification of a class action brought by cancer patients who accused the government and hospitals of negligently delaying their treatment.
That was for the purpose of
the certification of a class action.
Because defects can cause a wide range of problems for claimants, the cases may be difficult to group into a single class that satisfies the «commonality» requirement for
certification of class actions.
More importantly, the potential for a high level of opt outs is not a reason for denying
the certification of a class action in the first place.
We are in the process of preparing materials for
the certification of the class action.