Class Action Certification In British Columbia ​

Class actions are now a familiar part of the legal system in British Columbia. They allow people with similar legal claims to band together in a single lawsuit, making it possible to pursue cases that would be too expensive or complex to bring on an individual basis. In that sense, class actions are about efficiency and fairness—both for the courts and for people who might otherwise have no realistic way to seek legal compensation. Class action lawsuits are particularly effective in situations involving consumer rights, corporate negligence, employment disputes, product liability, or securities fraud.

Understanding class proceedings in British Columbia

In practice, class proceedings are often the only meaningful way to address widespread harm caused by uniform corporate misconduct, flawed contracts, defective products, or systemic consumer issues. By aggregating claims that may be individually modest but collectively significant, class actions also play an important regulatory role by promoting compliance and accountability.

Courts have repeatedly recognized that the core purposes of class actions include access to justice, judicial economy, and behaviour modification, particularly where individual claims would not realistically be pursued on their own.¹

Why British Columbia is a hub for class actions

British Columbia is one of Canada's most active jurisdictions for class actions, alongside Ontario and Quebec. While the process is governed by the Class Proceedings Act, the path from early investigation to certification is shaped just as much by practical decisions about evidence, case strategy, and timing. What follows is a high-level look at how a class action typically unfolds in British Columbia, from the earliest investigation through certification and the first steps that follow. Law firms and corporate defendants often anticipate certification challenges and prepare comprehensive litigation strategies well in advance.

Although the certification test itself is well established, outcomes often turn on how effectively counsel align the legal theory, evidentiary record, and proposed litigation plan. As a result, certification is rarely a purely technical exercise and is often the most strategically important phase of the case. 

Class action investigations in British Columbia

Most class actions begin long before anything is filed in court. During the pre-certification investigation stage, lawyers assess whether the alleged wrongdoing affects a group of people in a similar way and whether it can realistically be addressed through a single legal proceeding. The early investigation stage often includes assessing potential damages, estimating class size, and identifying the scope of regulatory oversight, which helps determine the potential impact and viability of the lawsuit. The key question is whether the issue is systemic, for example, a uniform business practice, product defect, or misleading disclosure, rather than a series of individualized disputes. The Supreme Court of Canada has confirmed that common issues need not resolve every aspect of liability but must be capable of advancing the litigation in a meaningful way.²

This assessment is critical because certification hinges on the ability to resolve common questions on a class-wide basis. If liability turns primarily on individualized circumstances, courts are unlikely to view a class proceeding as workable or fair. 

How lawyers determine the right legal claims for a class action

At this stage, counsel also considers which legal claims best fit the alleged misconduct. Depending on the facts, class actions in British Columbia often involve claims such as:

• Breach of contract, especially in standardized agreements or mass consumer contracts

• Negligence, such as faulty products or inadequate safety measures

• Consumer protection violations, including misleading advertising or unfair business practices

• Privacy and data breaches, increasingly relevant with digital and online services

• Unjust enrichment, where companies have profited at the expense of a large group.

The focus is not on proving the case in full, but on developing a clear and coherent theory that can be tested at certification. 

Strategic decisions made at this point—such as whether to rely on statutory causes of action or common law claims—can have lasting implications for certification, discovery scope, and potential remedies. 

Evidence collection

Gathering evidence before certification is a critical step for building a strong class action. Although certification is not a trial, plaintiffs want to understand and present the factual foundation for their claims. This often starts with interviews with the proposed representative plaintiff and a review of documents such as contracts, advertising materials, purchase records, or public disclosures. In cases involving technical issues—such as defective products, data breaches, or complex systems—lawyers may also seek preliminary input from experts to understand how the alleged problem operates across the proposed class. 

How to define the proposed class for certification

Defining the proposed class is another critical step. The class must be described in a way that is objective and workable, so it is clear who is included and who is not. If the class definition is too broad, it may attract strong opposition from defendants. If it is too narrow, it can undermine the usefulness of proceeding as a class action in the first place. 

It's important to understand that a well-crafted class definition can influence the scope of discovery, the efficiency of notice procedures, and the overall strength of the certification application.

How a class action begins in British Columbia

A class action formally begins when the plaintiff files a Notice of Civil Claim ("NOCC") with the court. The NOCC is a document that sets out who the lawsuit is brought on behalf of, what the case is about, and what remedies are being sought. The NOCC also serves an important signalling function, as it frames the litigation narrative and informs both the defendants and the court of the proposed scope and theory of the proceeding. 

The pleading must describe the proposed class, identify the common issues the court is being asked to decide, and explain why the proposed representative plaintiff is suitable to act on behalf of the group. Courts will evaluate whether the NOCC demonstrates a coherent legal theory, establishes the potential for collective remedies, and provides a clear roadmap for how the class action will be managed.

Once the claim is filed, the parties will often seek to have the case assigned to a single judge to oversee the matter as it progresses. This is particularly important for complex class proceedings, as judicial continuity ensures consistent case management, reduces procedural inefficiencies, and helps control litigation costs.

Before the class action certification hearing takes place, there is often a period of procedural activity that can influence the shape and pace of the case. 

Common defendant applications in the pre-certification phase

Defendants in BC class action lawsuits may bring a variety of applications to challenge the case before certification. In some situations, defendants may argue that the case belongs in another province or that a similar proceeding is already underway elsewhere. At the same time, plaintiffs may seek to amend their pleadings as new information becomes available or as the issues are clarified. 

These early applications can narrow the dispute, delay certification, or occasionally dispose of parts of the case altogether. As a result, they are often an important strategic phase of the litigation.

Carriage hearings in British Columbia class actions

In some cases, the pre-certification phase also includes a carriage hearing. A carriage hearing arises where multiple proposed class actions are commenced in respect of the same or substantially similar subject matter, and the court must determine which action will proceed on behalf of the class. At a carriage hearing, the court does not assess the merits of the claims but instead evaluates which proposed action is best positioned to advance the interests of the class. Carriage hearings help prevent duplicative litigation, minimize inefficiency, and ensure the court and class members are served by the strongest possible case.

These pre-certification applications are often strategic. While courts are cautious about disposing of class actions prematurely, targeted applications can narrow the issues and reshape the certification record. 

The legal test for class action certification

Certification is a critical court process that determines whether a lawsuit can proceed as a class action. Under section 4 of the Class Proceedings Act, the plaintiff must meet five basic requirements:³

1. Cause of action: Pleadings disclose a valid cause of action (the alleged facts are assumed true). 

1. Identifiable class: Objectively defined and workable. 

1. Common issues: Issues whose resolution will materially advance the litigation. 

1. Preferability: Class action is the preferable procedure for resolving common issues (access to justice, judicial economy, behaviour modification). 

1. Representative plaintiff: Adequate, typical, with a viable litigation plan and no conflicts. 

Plaintiffs must provide "some basis in fact" for each element except the cause of action, which is assessed on the pleadings alone. At this stage, the court does not decide whether the plaintiff will ultimately win. Instead, it asks whether the case is suitable to move forward as a group proceeding based on the evidence presented. 

Certification hearings in British Columbia

Certification hearings vary in length depending on the complexity of the case. Some are completed in a single day, while others may take several days. Written submissions play a central role, as they explain how the evidence supports each element of the certification test. 

During oral argument, judges often focus on practical questions. They may ask whether the proposed class definition is workable, whether individual issues will overwhelm the common ones, and how the case is realistically expected to proceed. Judges also frequently scrutinize how damages would be addressed if the plaintiff succeeds, particularly whether damages can be assessed on a class-wide basis. 

Increasingly, courts also examine the proposed litigation plan closely, including how discovery, expert evidence, and a common issues trial would unfold in practice. Although the certification hearing is procedural in nature, class action lawyers must still be prepared to explain the substance of the case to the extent necessary to show that it can be resolved collectively. 

Class member notification and opt-out procedures

If the court certifies the action, the next step is notifying class members. This ensures that individuals affected by the alleged wrongdoing are informed of their rights, the scope of the case, and how they can participate in the proceedings. The notice explains what the action is about, who is included, and what rights class members have. It also sets out how and when class members can opt-out of the proceeding if they wish to pursue their own claims instead. 

Courts in British Columbia review notice materials carefully to ensure they are clear, accurate, and neutral. Notices may be distributed by mail, email, online publication, or other methods designed to reach as many class members as possible. 

British Columbia class actions operate on an opt-out basis. This means class members are automatically included unless they take steps to exclude themselves. 

Transition to Merits  

Certification is not the end of the litigation; it is the beginning of the merits phase. Following certification and class member notice: 

• Parties exchange discovery documents 

• Examinations for discovery proceed 

• Additional expert reports are filed 

• The court schedules the common issues trial 

Many class actions settle after certification, once the parties have a clearer understanding of the risks, costs, and potential outcomes. Not all class actions settle after certification. Some proceed through to trial on the common issues, where liability and damages frameworks are assessed. Others may be resolved through summary judgment or alternative dispute resolution methods, depending on the strength of evidence and legal arguments. Certification often shifts the balance of risk and leverage, as defendants face increased exposure and plaintiffs gain access to broader discovery. 

Strategic considerations for British Columbia class actions

The class action process in British Columbia is structured, but it is also highly strategic. While the legal test for certification is well established, success often depends on early investigation, careful framing of the issues, and a clear plan for how the case will move forward. 

For plaintiffs and defendants alike, certification is often the most important turning point in a class action. A thoughtful and well-prepared approach from the outset can make the difference between a case that stalls early and one that moves forward toward resolution. 

Siskinds LLP has extensive experience guiding clients through every stage of British Columbia class actions, from early investigation and certification to post-certification discovery, settlements, and trial strategy. For more information, please contact one of our class action lawyers.

Footnotes

1. Hollick v. Toronto (City), [2001] 3 SCR 158 at para 27. ↩︎

2. Pro-Sys Consultants Ltd. v. Microsoft Corporation, [2013] 3 SCR 477 at para 102. ↩︎

3. Class Proceedings Act, RSBC 1996, c 50, section 4. ↩︎

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.