Can a class proceeding be the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually?

British Columbia, Canada

The following excerpt is from Lockyer-Kash v. British Columbia (Workers’ Compensation Board), 2014 BCSC 1443 (CanLII):

I accept that a class proceeding cannot serve as the basis for a legal proceeding if the claims presented in that proceeding cannot be sustained individually. That is because, again, class proceedings create procedural rather than substantial rights (Bisaillon v. Concordia University, 2006 SCC 19 at para. 17). However, I do not agree with the respondent that this means that only those potential members who have exhausted their internal remedies are entitled to be certified as a class. That submission goes some distance to effectively baring the definition of any class for the purpose of a class proceeding. As above, the purpose of class proceedings is to provide an alternate procedure to individual claims and hopefully one that is more efficient and fairer.

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