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Difference between revisions of "Forum of Redress (11:IX)"

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For a proceeding to qualify as a class proceeding, it needs to meet the certification requirements. The pleadings must disclose a cause of action, there must be an identifiable class of 2 or more persons, the claims of the members of the class need to raise common issues, a class proceeding needs to be the preferable procedure for the fair and efficient resolution of those common issues, there needs to be a representative who will fairly represent the interests of the class without a conflict of interest, and that representative needs to have produced a workable plan setting out how they will advance the proceeding and notify members of the class. CPA s 4 (2) outlines how to determine if a class action is the preferable procedure, and s 4(3) and s 4.1 lay out multi-jurisdictional considerations.  The case ''Gomel v Live Nation Entertainment (Ticketmaster)'', 2021 BCSC 699, offers an in-depth example of certification.  
For a proceeding to qualify as a class proceeding, it needs to meet the certification requirements. The pleadings must disclose a cause of action, there must be an identifiable class of 2 or more persons, the claims of the members of the class need to raise common issues, a class proceeding needs to be the preferable procedure for the fair and efficient resolution of those common issues, there needs to be a representative who will fairly represent the interests of the class without a conflict of interest, and that representative needs to have produced a workable plan setting out how they will advance the proceeding and notify members of the class. CPA s 4 (2) outlines how to determine if a class action is the preferable procedure, and s 4(3) and s 4.1 lay out multi-jurisdictional considerations.  The case ''Gomel v Live Nation Entertainment (Ticketmaster)'', 2021 BCSC 699, offers an in-depth example of certification.  


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