Some Basis in Fact for the Common Issues – Courts Continue to Apply and Refine the Test

For a common issue to be certified, the plaintiff must provide evidence sufficient to show “some basis in fact” that there is a proposed common that can be determined on a class-wide basis. In recent years, much ink has been spilled about what this evidentiary standard requires. Now that it is largely settled in most jurisdictions that “some basis in fact” requires evidence both of the existence of common issues and that they are capable of class-wide resolution (the so-called “two-step” test),…
By: Bennett Jones LLP