TOP 3 Legal Developments
of 2020 (so far)
1. Kuiper v. Cook
(Canada) : Counsel have long debated the test
that judges hearing certification motions should apply when
deciding whether a case raises suitable "common issues".
Specifically, the question was whether a two-step test applies,
requiring the plaintiff to show that there is some basis in fact to
support both the existence of the proposed issues, and
that they are common to the whole class.
In Kuiper, the Divisional Court held that a two-step
analysis applies and that, in Ontario, plaintiffs must present
evidence that the proposed common issues are "real"
issues. The decision will have significant repercussions for future
cases.
Read BLG's commentary on the case.
