BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification

Courts perform an important gatekeeping function at certification. This includes being satisfied that the plaintiff has shown the required “some basis in fact” for each of the certification criteria other than reasonable cause of action. The certification process ensures that the substantial resources devoted to litigating class proceedings are only invoked where it is appropriate to do so. Syngenta AG v. Van Wijngaarden, 2025 BCCA 334 affirms the BC courts’ commitment to requiring plaintiffs to…
By: Bennett Jones LLP