What factors are considered to determine whether to bring a class action?
Ontario, Canada
The following excerpt is from Joseph Mancinelli v. Barrick Gold Corporation, 2014 ONSC 7431 (CanLII):
Subsequently, however, in Smith v. Sino-Forest Corporation, [2012] O.J. No. 88 (S.C.J.), Perell J. added six additional factors to this list. Those six additional factors are: (viii) funding; (ix) definition of class membership; (x) definition of class period; (xi) joinder of defendants; (xii) the plaintiff and defendant correlation; and, (xiii) prospects of certification.
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