If a common issue or issues cannot be tried in advance of individual issues, then the requirements for certification are not met under the Act. Citing Western Canadian Shopping Centres Inc. and Gariepy v. Shell Oil, counsel for the defence affirms that to constitute as a common issue it must first be necessary to the resolution of each member’s claim; it need not predominate over non-common issues but it must be a substantial common ingredient of each member’s claim.
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