A Decision On The Merits: Alberta Court Provides Valuable Insight On Class Certification

In Warner v. Smith & Nephew Inc.(Warner), a recent decision of the Court of Queen's Bench of Alberta, Justice G.H. Poelman gave guidance on the class certification process and the extent to which the court will evaluate the merits of a class action at the class certification stage.

APPLICABLE LEGISLATION

Class certification in Alberta is governed by the Class Proceedings Act (Act). In particular, section 5(1) of the Act states that the court must be satisfied as to each of the following requirements before a class action may be certified: 

• The pleadings disclose a cause of action;
• There is an identifiable class of two or more persons;
• The claims of the prospective class members raise a common issue;