What are the relevant facts that the court will consider in order to determine whether my action will become a class action?
The factors that the courts look at are whether:
(a) the pleadings disclose a viable cause of action;
(b) there is an identifiable class of two or more persons;
(c) the claims (or defences) raise common issues;
(d) a class action is the preferable procedure to resolve the common issues;
(e) the class representative (i.e. the plaintiff) will fairly represent the interests of the class, has advanced a workable method of advancing the proceeding and notifying class members and has no conflict of interest with the other class members.