Canada: Class Actions

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Article
BC Court Of Appeal Finds Statutory Complexity, Unfocused Common Issues Weigh Against Certification: Airbnb v Ware, 2026 BCCA 110
The British Columbia Court of Appeal set aside a class action certification in a case against Airbnb, finding that the lower court failed to adequately address the complexity of analyzing over 20 statutory schemes across multiple Canadian jurisdictions. The decision emphasizes that certification judges must grapple with foreseeable litigation complexities upfront rather than deferring them, and that common issues must be precisely framed and directly connected to pleaded causes of action.
Canada Litigation
MT
McCarthy Tétrault LLP
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