The proposed class action must raise issues of fact or law that are “common”gt to all class members. In other words, do all the class members share similar legal or factual issues so that deciding the issues for one, decides the issues for all.
Section 2(e) of Nova Scotia’s Class Proceedings Act defines common issues as:
- Common but not necessarily identical issues of fact, or
- Common but not necessarily identical issues of law that arise from common but not necessarily identical facts.
The underlying question that the court will consider is whether allowing the law suit to proceed as a class action will avoid duplication of fact finding or legal analysis. It is not efficient or fair to have several different trials about the same legal issue ir facts and potentially end up with different results.