What is the test for pleading in a common issues trial for a national class?
British Columbia, Canada
The following excerpt is from MacKinnon v Pfizer Canada Inc., 2021 BCSC 1093 (CanLII):
I acknowledge the plaintiffs’ submission that a court hearing a common issues trial for a national class must take into account the law of other jurisdictions: Ravvin v. Canada Bread Company, 2019 ABQB 686 at para. 39, aff’d 2020 ABCA 424, leave to appeal ref’d [2021] S.C.C.A. No. 35. However, that does not answer the question of whether consumer claims under other legislation have been sufficiently pleaded.
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