Kia – The [Key-A]bout Dismissing Class Actions With No Class

In a recent blog post  , we discussed the Ontario Court's consideration of the existence of an identifiable class in deciding whether or not to certify a class action, both from an objective perspective (i.e. the existence of an identifiable class) and from a subjective perspective (i.e. whether or not the petitioner must prove that the members of the class "desire to pursue their claims by way of a class action").

While Quebec courts have yet to address the subjective aspect, they have adopted an approach similar to the common law trend and incorporated the objective criteria into their analysis.

New importance ascribed to the capacity of a representative to represent the class