Privacy Class Action Appeal Decision Confirms Low Threshold On Certification

We have previously commented on the relatively low evidentiary threshold at the certification stage of class actions in Canada. The Federal Court of Appeal's decision in Condon v Canada, a privacy class action, continues this theme as a recent example of Canadian courts' liberal and purposive approach to class action certification.

Background: The Certification Requirement – A Reasonable Cause of Action

Among the criteria required to certify a class action is that the pleadings must disclose a reasonable cause of action. While a proposed plaintiff must provide sufficient evidence to show some factual basis for each of the other certification requirements, the same is not required to prove the existence of a cause of action. Rather, a pleading will be found to disclose a cause of action unless it is plain and obvious that no such claim exists.