In the result, I am satisfied that the evidence meets the minimum evidentiary threshold required on a certification application; there is some basis in fact for the plaintiff’s claim. While there may be cases where the court could conclude that there could not be any merit to the plaintiff’s claim, (such as in Ernewein v. General Motors of Canada Ltd., 2005 BCCA 540 at para. 2, where the plaintiff failed to establish an evidentiary basis for the commonality of issues) I am not able reach that conclusion on the evidence before me.
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