Anatomy of 4(1)(b)

Of 114 contested certifications in British Columbia (68 certified), 17 found no identifiable class:

Historically, courts devoted only a few paragraphs to s. 4(1)(b). Either:

Lately, the D bar has been more vexing with creative, dubious, and novel tests that seek to convert discretionary preferability factors into mandatory certification requirements.

What follows is an organizational anatomy of the class definition analysis in British Columbia and some Case-Notes. I have derived these elements from reported reasons following 114 contested certification hearings.

 

I. LAW

A. purpose

B. “identifiable”

C. soc: rr (oi / ui); m

 

II. PROPOSAL

A. sources

B. precedent

 

III. NUMBERS

A. law

B. sources

 

IV. OPTIONS

A. approve w/o modification

B. approve w/ modification

C. defer problems to case conference

D. reject w/o leave to amend/“salvage”