Although recent case law, particularly AIC Limited v. Fischer, has focused on the second question – the comparison to alternative procedures – the proposed class proceeding must nevertheless be “fair, efficient and manageable” in order for it to be certified. As stated by Winkler J., as he then was, in Caputo, at para. 62: [I]t is not enough for the plaintiffs to establish that there is no other procedure which is preferable to a class proceeding. The court must also be satisfied that a class proceeding would be fair, efficient and manageable. Both parts of the test must be considered in the context of the three goals of the CPA, judicial economy, access to justice and behavioural modification of tortfeasors.
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